Law Reform Commission endorses stand-your-ground law

Police car - File photo

THE LAW Reform Commission of TT has argued that despite the stand-your-ground laws being in contravention of certain parts of the constitution, the recent rate of crime which seems to persist, makes it necessary to establish a law that preserves the lives of law-abiding citizens in their homes.

“In recent years there has been a rash of home invasions across TT. Citizens have recounted stories of being awakened by men armed with all manner of weapons in their homes. There are traumatic accounts of being tied up, threatened and beaten by bandits ransacking their homes for cash and other valuable items. Some citizens have even lost their lives in home invasions.

“While the problem of crime is multi-faceted, this bill is a long-overdue measure to combat the spiralling crime of home invasions. The measures being proposed in this bill will ensure that householders who are the victims of a home invasion are not treated as criminals when they act in self-defence, defence of another person or defence of property.

“Thus, the aims of the bill in light of the current bane of criminal activity, are sufficiently important, necessary and proportionate to limit the fundamental right to life,” the commission said in a paper on home invasion and self-defence in July.

The stand-your-ground law seeks to give people the right to use deadly force if necessary to protect themselves against home invaders and people seeking to do them physical harm while in their homes.

The commission has advised that the government share the policy paper and draft bill on the stand-your-ground laws being proposed by the government.

The recommendation came in a paper done by the commission in July with included a draft policy paper and bill on home invasions.

The commission suggested that the policy paper and bill be shared with the public for comment with a deadline for receipt of any comments; consultation on the bill and policy paper be conducted with significant stakeholders such as the Ministry of Homeland Security, the police the Judiciary the office of the Director of Public Prosecutions (DPP) Legal Aid, the Public Defenders’ Department, the Forensic Science Centre, the Law Association of TT, the Criminal Bar Association and representatives of the firearms industry including dealers and range owners.

UNC consultations on the stand-your-ground laws began on July 22.

No laws specific to home invasion

The commission noted that apart from the rights enshrined in the Constitution, TT has a suite of laws that could provide allowances for self-defence and provides laws that make offences of the acts of manslaughter, trespassing, robbery, burglary and housebreaking, but nothing that makes home invasion a specific offence.

“At present the country has no dedicated law dealing with home invasion,” the paper said.

Speaking on the other laws and offences, the commission said the Offences Against the Person Act provides for “excusable homicide,” saying that a person who kills another by misfortune or in his own defence may not be subject to any punishment.

The Criminal Law Act allows a person to use whatever force is reasonable in the circumstance, in the prevention of a crime.

The Larceny Act makes robbery, burglary, house breaking and committing an offence or with the intent to commit an offence and being found by night armed or in possession of housebreaking implements an offence.

The Trespass Act makes it an offence to trespass or force your way into a property. It also provides for the setting of “spring guns and man-traps” from sunset to sunrise to protect dwelling houses.

But, according to the commission: “Although a number of crimes are covered under this (these) act(s) the peculiar elements of home invasion are not, in particular, express provision for self-defence on the part of the occupant.”

The draft bill sought to establish home invasion as its own offence and in that context establish that a person has no duty to retreat when operating in self-defence or in defence of his/her property.

“The bill would establish the offence of home invasion and set out the parameters of the offence,” the commission said in the paper. “This would include the unlawful entry by a person, the home invader, into a dwelling house with the intent to use force, or threaten the imminent use of force, on occupants of the dwelling house.

“The offence of home invasion would also cater for instances in which a home invader intentionally causes any injury to occupants of a dwelling house including grievous bodily harm, grievous sexual assault, rape and death.”

The bill also defines home invasion as an act which involves an individual stealing, damaging or destroying property in the dwelling house, with or without the use of intimidation, threat or violence. The bill also provides that a home invader may involve the use of a firearm, weapon or explosive device to cause harm.

“Provision is also made for aggravating factors, where a home invasion is carried out by a member of a gang, a participant in an organised criminal activity, or in the presence of a child, senior citizen, differently-abled or vulnerable person.

Clause two of the act noted that the bill’s provisions will have to have effect even though it is in contravention of sections four and five of the constitution which grants people – whether they are law-abiding citizens or not – the right to life.

As such, the commission said the bill would require the support of three-fifths of all members of the Parliament.