Self-defence is a fundamental right, but in Australia, the law sets clear boundaries on how far you can go to protect yourself. If you’re faced with a robbery, knowing what is legally considered reasonable force can mean the difference between lawful self-defence and facing criminal charges.
While the law allows individuals to defend themselves and their property, excessive force can lead to legal consequences. So, where is the line between protecting yourself and breaking the law?
Theft, robbery, and burglary
Firstly, it’s crucial to understand the legal distinctions between theft, robbery, and burglary in Australia.
Theft is the act of taking someone else’s property without their consent and without the use of force. Robbery, however, involves stealing property from another person using force or the threat of force. This is a key distinction, as the presence of force or intimidation significantly escalates the severity of the crime.
Burglary, as explained by Sydney-based Criminal Lawyer Alex Cao, occurs when someone unlawfully enters a building with the intent to commit a crime, typically theft.
The impact of such crimes extends far beyond the loss of physical items. Victims like Melbourne resident Tej Panesar and his family are left feeling vulnerable and fearful after thieves broke into his home through a kitchen window and stole valuable jewellery in 2023. This incident led them to change their living habits to feel safer.
The psychological trauma can be profound, and the financial loss can be devastating.
‘We are all very scared being at home alone. So, we always make sure that more than one person is there at home. We lock our bedrooms in the night when we sleep. Because if we were home at that time, we don’t know whether we would have been attacked,’ he said.
The legal boundaries of self-defence
Mr Cao said that when it comes to defending oneself, Australian law requires that the force used in self-defence be proportionate to the threat faced. Deadly force is only justifiable if one’s life is in immediate danger, and any defensive action must cease once the threat is neutralised.
These principles are consistent across states and territories, though specific legislation may vary.
The best—the safest option, both physically and legally—course of action during a home invasion is to avoid confrontation and immediately call the police on triple zero (000), advises Mr Cao.
The systems in place to support victims
While the aftermath of a robbery can be overwhelming, Australia offers support systems for victims. Sarah Quick, the third Commissioner for Victims’ Rights, highlights the availability of free counselling and financial assistance schemes.
However, compensation for stolen property is generally not covered.
‘Victims can’t claim compensation for items stolen. Compensation is generally for violent offences where a person has suffered some physical or psychological harm as a result of that violent event,’ she said.
Simple measures to prevent crimes
Prevention is always better than cure, and Bambi Gordon, CEO of Neighbourhood Watch Victoria, emphasises the importance of simple measures like locking doors and maintaining clear visibility around your home.
Godon’s crime prevention organisation and similar groups across the country encourage community vigilance and provide resources to help residents secure their homes and belongings.
To help you evaluate the safety of your properties, you can check the tool How Safe Is My Place online.
Knowing your rights as a victim
If you’ve been a victim of a crime, it’s important to know your rights and the support available to you. Each state and territory in the country has its own victim support services, offering a range of assistance from counselling to financial aid.
| State/Territory | Relevant organisation |
| Australian Capital Territory | Victim Support, Human Rights Commission www.hrc.act.gov.au/victim-support (02) 6205 2222 |
| New South Wales | Victim Services victimsservices.justice.nsw.gov.au Victim Access Line 1800 633 063 Aboriginal Contact Line 1800 019 123 |
| Northern Territory | Victims of Crime NT victimsofcrime.org.au/ |
| Queensland | Victim Assist Queensland www.qld.gov.au/law/crime-and-police/victim-assist-queensland 1300 546 587 |
| South Australia | Victims of Crime SA voc@sa.gov.au (08) 7322 7000 |
| Tasmania | Victims Support Services www.justice.tas.gov.au/victims/home 1300 300 238 |
| Victoria | Victims of Crime www.victimsofcrime.vic.gov.au 1800 819 817 |
| Western Australia | Victim Support Services www.wa.gov.au/service/community-services/counselling-services/victim-support-service 1800 818 988 or (08) 9425 28 50 |
At YourLifeChoices, we understand the importance of feeling safe and secure in your own home. We encourage you, our readers to stay informed about your legal rights and the support systems available to you.
By taking proactive steps to secure your home and understanding the limits of self-defence, you can better protect yourself and your loved ones from the trauma of robbery.
We invite you to share your experiences or concerns in the comments below. Have you ever had to deal with a robbery, and how did you handle the situation? What measures have you taken to secure your home? Your insights could help fellow members of the community to navigate these difficult situations with greater confidence and knowledge.
Also read: Burglar hotlist: Here are the valuables most at risk in your home
