Mackay man Aldwin Serrano used illegal pepper spray to stop intruder

A Queensland man protecting his home is now in trouble with the law because of a pepper spray he used. Should they be made legal? VOTE IN OUR POLL

Aldwin Serrano appeared in the Mackay Magistrate's court for one count of possessing illegal category R weapons after police found six pepper spray cans at his property in Eimeo.

A Mackay man who stopped a home intruder with pepper spray he bought on Wish has found himself in trouble with the law.

Aldwin Serrano appeared in the Mackay Magistrate’s court on Thursday, July 17 charged with unlawful possession of a category R weapon and common assault after police found six cans of Oleoresin Capsicum Spray at his Eimeo home.

The court heard that the 49-year-old “rolled out a can” on a man who smashed his window trying to break into his home on March 10.

Mr Serrano then called the police before making a full admission to them that he purchased the cans on the Wish website “to protect himself in the home”.

Wish is an online retailer famous for its extremely low priced — and sometimes misleading — product advertisements.

Police seized six cans of the illegal pepper spray at Mr Serrano’s Eimeo property.

Acting Magistrate Kirkman-Scroope dropped the charge of common assault after police prosecution offered no evidence for the charge.

Ms Kirkman-Scroope said Mr Serrano’s actions were a “misconceived attempt by you to protect your property”.

“Not that that’s an excuse. You should know the law and know that these things are prohibited,” she said.

Mr Serrano was placed on a six month $250 good behaviour bond and a conviction was not recorded.

Ms Kirkman-Scroope took into account Mr Serrano’s early plea of guilty and his clean criminal history of over 20 years.

“I just assume that it was inadvertent and I’ll place you on a good behaviour bond,” she said.

Originally published as Mackay man Aldwin Serrano used illegal pepper spray to stop intruder