‘Fight response’: MP Nick Dametto calls for adoption of Castle Law

The Katters are calling for Queensland to adopt ‘Castle Law’ — a self-defence rule which allows a person to use ‘deadly force’ on an intruder.

Katter’s Australia Party members Robbie Katter Nick Dametto are putting their support behind ‘Castle Law’. Picture: Shae Beplate.

Hinchinbrook MP Nick Dametto has put his full support behind Queensland adopting Castle Law — a self-defence rule which allows a person to use ‘deadly force’ on an intruder.

Mr Dametto said current state law allows homeowners to defend themselves only if they match the force being used by the intruder, known as ‘like-for-like’ force.

“It’s dark, you’ve been woken up, you don’t have time to think about what weapon they have or what force you can use,” Mr Dametto said.

“For most of us, it’s the feeling of being powerless in a situation like this that petrifies us.”

If a situation goes beyond ‘like-for-like’ force, a victim can end up being charged with assault or even murder.

The Kingscliff attack near the Gold Coast is a recent example of this tension over ‘justified’ self-defence in Australia, where a 66-year-old man who fatally stabbed an axe-welding home invader is being investigated by police.

Mr Dametto said Katter’s Australia Party (KAP) have fully adopted Castle Law as a party policy.

“When you’re on a rural property, help might be over 20 or 40 minutes away,” he said.

“Queenslanders have been patiently waiting for the state to do something about crime, and they’ve also been waiting for the LNP to do something more than vague, feel-good statements.”

Castle Law comes from the US, where it’s known as the Castle Doctrine and is part of the ‘stand-your-ground laws’ in several states, including Florida and Texas.

Burdell resident and Hinchinbrook MP Nick Dametto is putting his full support behind adopting Castle Law.

The Castle Doctrine states that a person in their own home, when threatened with a violent offender, has the right to defend themselves with ‘a proportional amount of force to deter the threat’.

It also doesn’t carry a ‘duty to retreat’ clause, which means a homeowner doesn’t have to try fleeing from the offender before they are justified in using self-defence.

Mr Dametto said the definition of a home can include anything with a door to close, including a car, tent or caravan.

He emphasised that being able to defend yourself inside your own home was not promoting vigilantism or encouraging unnecessary violence.

“In a split-second decision it can be either fight or flight,” he said.

“When flight is not an option the consequences of their fight response should be protected by legislation, but currently there are gaping holes in that.”

The next step for the KAP will be using their seats in parliament to push the major parties to adopt Castle Law.

This can be done through private member’s bills, questions without notice and private member motions.

With only five sitting weeks of parliament left before the Queensland elections, Mr Dametto said the KAP won’t be “wasting any time” and will start pressuring the major parties immediately.

Originally published as ‘Fight response’: MP Nick Dametto calls for adoption of Castle Law