No right to self defence in Australia

//No right to self defence in Australia

No right to self defence in Australia

My son is a pretty good fighter for his age, at 14 I enrolled him into self defence classes and presently he has around a years training in Muay Thai and has been training MMA and Ju-Jitsu over the last year. I put him into these classes as he was bullied heaps at school and was getting beat up. He was targeted because he was dyslexic and had a learning difficulty. He used to sometimes cry on the way to school he hated it so much. It was heartbreaking as a parent. Just so much scum on the Gold Coast. Scum parents breeding scum kids. So I enrolled him in self defence classes twice a week and took him to gym twice a week, after 6 months of Muay Thai training he was getting some great skills. I told him, if any of these scumbag kids try to hit you at school, unleash on them son. I will never discipline you for self defence. But never throw the first punch. He said okay dad, but what happens if I am cornered by a group and the only way to escape is to throw the first punch? I said, if that is the case, then fine. Every situation will be different, If throwing the first punch is required to defend yourself from a beating, then by all means do what is necessary to protect yourself.

Well a couple of weeks after our talk, a group of kids walk past my boy while he is eating his lunch. A scum fuck kid grabs my sons lunch out of his hand, throws it on the ground and stands on it while his mates laugh. The bully then walks over to a spiderweb and starts prodding a spider with a stick. My son walks up behind him and pushes him into the spider web, haha. I probably would had done the same. Well the bully freaks out and charges at my son, throws a heap of punches. My son blocks them all then retaliates and smashes him. Only two punches landed but did enough damage to send the kid to hospital with a suspected broken nose and fractured jaw. My son gets a suspension and the bully gets nothing. I commended my son on his actions and took him fishing for a few days.

A week after returning from his suspension, another bully starts on him. He tells him to leave him alone, he doesn’t and throws several punches at my son, he avoids all punches and then destroys the kid with a barrage of strikes to the head. My son then gets suspended again for what I call self defence. This continues and is almost a weekly event. Things don’t get any better. Kids now think he has some sort of trophy for smashing bullies, so the older bullies start on him. Kids up to 3 years older wanting to fight him, he was in year 8, some of these scum fucks were in year 11!

So I write to the principle.

Hi,

I am writing in regards to an ongoing issue at your school that involves my son.

Over the last year my 14 year old dyslexic son has been a victim of many assaults and cases of bullying on the school grounds. On almost every occasion the bully or attacker has been 2-3 years his senior. He is in year 8.

He has had his lunches stolen and destroyed, his iPad smashed, been kicked and punched, called all types of horrific names and bullied because of his learning disorder. He has never thrown the first punch but he has always been the one that throws the last.

This has seen him suspended 5 times this year, and in some of these cases he has been suspended longer than his assailant. This just doesn’t make sense to me. Just what are schools teaching when a victim is punished more than the attacker? The child shouldn’t be punished at all for defending himself from physical harm.

The school policy for ZERO TOLERANCE on VIOLENCE and  “equal punishment for the attacker and the victim” defies logical thinking, why should a victim of violence and physical attack be punished at all?

s 10.4(2) of the Criminal Code 1994 (Cth) which states the following:

A person carries out conduct in self-defence if, and only if, he or she believes the conduct is necessary:

  • to defend himself or herself or another person; or
  • to prevent or terminate the unlawful imprisonment of himself or herself or another person; or
  • to protect property from unlawful appropriation, destruction, damage or interference; or
  • to prevent criminal trespass to any land or premises; or
  • to remove from any land or premises a person who is committing criminal trespass.

Why do these laws not also exist in a public school if they exist in the general public? Or do these laws actually EXIST in the school and over-rule school policy?

I feel the schools policy is not only failing in their duty of care, but is  also contributing to my sons developing depression and his ongoing education.

I am desperate for answers so I write to the Queensland Education Minister to ask her a simple yes/no question. Does school policy overrule The Criminal Code Act?
You would think it would be a simple yes/no answer right? Wrong. It took 4 phone calls and 4 emails and it wasn’t until I finally threatened them with the Ombudsman that I got a reply.
They tried to tell me they had no emails from me, I said, well, I have both read and delivery receipts, explain that to the Ombudsman, oh hang on, here they are, I cannot understand why these were not answered, sorry about that. Yeah fucking right.

Well no yes/no answer, just some bullshit spin about providing a safe environment, well your doing a pretty shit job of that. My son has been bullied and bashed for the last year and I have had to enrol him in self defence classes to protect himself, and when he does, he is suspended. He is a effectively being punished for being a victim and it’s not right.

Apparently schools have a zero tolerance on violence, but they also have a zero tolerance on self defence, “what the school defines as retaliation”.
Below is a email chain that was leading up to when I finally had to remove my son from the school on the request of the school principal.

To whom this may concern,

I wrote to this email address recently requesting the schools policy on violence on the school grounds but was deprived of a response.

The information I was endeavouring to obtain was primary regarding how a student should react and what actions he/she should take if they were assaulted on the school grounds. Hopefully this information would had covered the various possible scenarios of assault such as a group attack and situations where there was an imminent threat of injury on all levels with no possible way of escape, for example, cornered in a toilet block by a group .

I look forward to a reply.

REPLY

Hello 

Your email has been forwarded to me for action from our general email address. Please see below in response to your enquiry.

Should a student be assaulted on the school grounds the actions that they should take are as follows:

  1. Not react in a physical manner and seek to move away from the situation ideally to the nearest teacher, staffroom or the office to seek assistance from an adult
  2. Seek the support of the teacher on playground duty – all playground duty staff wear high vis vests for ease of identification
  3. The teacher will then refer the matter and the students involved to the relevant school administrator for action. The administrator would conduct a full investigation of the situation including collecting statements and contacting parents

Please let me know if you have further questions or require any clarification on the above information.

As you can see, no explanation on what self preservation methods he is allowed to use in the case of a “no escape” scenario involving a group of attackers.

MY REPLY

Thanks for the reply.

Unfortunately it seems that my son is still being bullied and verbally abused at your school, the most recent being this morning when a child in year 10, first name Sam, called him a f_cking fa_gg_@ot.

From my understanding this is the same boy that has been bullying him for months now, and is just one of a group of kids at your school that prey on younger children.

As far as I am aware, my son didn’t provoke this child, and this morning he told me was just minding his own business and talking to his friends when he was verbally assaulted for no apparent reason.

My son battles with school every day, he has a learning disorder and has been diagnosed as dyslexic. Being a victim of constant harassment and bullied by older kids is an extra hurdle that he should never have to endure and just fuels his frustrations.

My son can handle himself these days, no longer will he be a victim, he trains twice a week at gym with me, twice a week at a Fight Gym doing Muay Thai, and from an early age has been taught by me to defend himself.

He could silence this kid, and it’s only because I have taught him that violence is a last resort option and that I don’t want him to be suspended or expelled that he hasn’t knocked this kid out already.

I don’t condone violence, this kid could have his own personal issues. But if this bullying and offensive verbal abuse continues because there is no action or consequences handed down to this repeat offending child from the school, I will not hesitate to permit my son to take matters into his own hands.

This may sound harsh and be against your school policy, but I will not tolerate by son being bullied and abused any longer. A child will only take so much before they “Snap” and so will a parent.

THEIR REPLY

Hello 

Please be assured that we are continuing to work with your son and the students involved to resolve whatever is happening. Please do not hesitate to contact me with your concerns in the future.

Thanks

Yeah, thanks for nothing. So a couple of weeks on, I am out the front waiting for my son and he starts walking over with the principle, I am thinking, great, what the fuck has happened now.
I asked, another suspension? Yes dad, did you throw the first punch? No dad. So I ask the principal what happened. He said, well your son was assaulted by another student and your son retaliated and made a real mess of the other kid, I don’t think he realises his own strength and the damage he does when he retaliates, oh really? Retaliates? Don’t you mean, when he acts in self defence and self preservation? Protects himself from physical harm? I asked, did he throw the first punch, he replies no, I asked, was the attacker older, he said yes, he was a year 11 student. I told him that I thought it was bullshit that my son be suspended for self defence.

Well this time he was suspended for two weeks because of the extent of the damage he did to his attacker, the assialient was suspended for just 3 days. A gross injustice in anyone’s eyes.

Well a year on and he no longer goes to school, he did attend a learning centre that was designed for kids that mainstream schools couldn’t help, he was really enjoying it, but again this school also had its element of scum. He was set upon by a youth crime gang when he was walking to the train station after school, knocked to the ground, kicked in the face and robbed.  Members of the same gang came to the school in 5 cars flashing machetes and knives wearing disguises and threatened all kids if they went to the police they would have their heads stomped.

This is the Gold Coast folks!

So last night he asks me, hey dad, can you buy me some pepper spray for when I am using public transport. There are always groups of street kids that approach me, sometimes there are too many of them and I don’t stand much of a chance in protecting myself. I said, yeah sure. Good idea. But then today I do some research and find out that it is illegal in Queensland. I ring the police to confirm and ask them what self defence items can my son carry, they reply, a distress alarm. WTF! That won’t do shit. My son has seen kids set upon at Broadbeach South Station by groups of other kids in the middle of the day and people just stand and watch. A distress alarm won’t do anything. So she replies, well I advice he travels with a friend or group or a parent picks him up.

Again, a fucking joke. They expect him to travel with friends when they all live in other areas just to get home safely after school if I am working and unable to collect him.
Maybe if Translink did a better job and beefed up security and moved on groups of scum that hang out at the major train and bus terminals public transport on the Gold Coast would not be so dangerous.

I believe everyone should have the right to self defence, I am not saying armed with a handgun, however in some parts of the country I believe people that live in high risk areas should be allowed to have a gun at home. Especially in areas where Apex Gangs and the like are prevalent.
Crime is skyrocketing on the Gold Coast, scum street kids know the police can do shit, and that the courts just slap them on the wrists and put them back on the streets to reoffend.
Pepper spray should be one item anyone can carry for the purpose of self defence.

2018-03-06T10:58:26+00:00 March 6th, 2018|Rants|0 Comments

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