Debate rages over citizens arrest right

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Article at dailytelegraph.com.au By Janet Fife-Yeomans and Lauren Williams

A burglar clung to life last night as friends rallied around the resident who caught him inside a Marrickville home and made a citizens arrest.

The resident 26, was released without charge by police , sparking fresh debate over the rights of people to protect their property.

He had restrained the 19-year-old intruder by sitting on him in the front yard. When ambulance crews arrived at the house about 8:45pm on Sunday they found the burglar unconscious and without a pulse.

The intruder was revived and taken to Prince Alfred hospital where he remains in a critical condition.

One of the residents said the teen was the first to strike.

''The man came in and attacked one of the guys,'' the man , known only as Gill said.

NSW law Society President Hugh Macken said yesterday residents had every right to protect themselves and their property with reasonable force.

"Your best ally is the police but if a reasonable response in the circumstances including assaulting the person who is in your house when the law recognises in the moments of fear. He said it was rare for residents to be convicted for protecting their homes.

But Robyn Cotterell-Jones , executive director of the Victims of Crime Assistance League , said citizens who took the law into their own hands ran a risk of being charged. ''Do you make yourself safe and worry about the consequences later or do you do nothing?'' she said.

''Ordinary citizens need to understand that whatever decisions are made in the heat of a crisis run the risk of being critically scrutinised in a legal perespective lateron.''

It is understood up to 10people live in the house in Myrtle Street Marrickville , which has been sub-divided

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Article at dailytelegraph.com.au By Kara Lawrence November 24 2008

A young burglar who was hospitalised after breaking into a Marrickville home and wrestling with one of the occupants has died.

Police confirmed this morning that Anthony Marsh , 18 , of Surry Hills in inner Sydney , died in hospital late on Friday.

Doctors advised he would not recover and his life support was switched off at Royal Prince Alfred Hospital. Marsh's family was present when he died.

It is believed that Guilherme Pires , 26 , the occupant of the Myrtle Street home who arrived home was attacked by Marsh before wrestling him to the ground , is devistated at the news.

The incident happened on the night of Sunday , November 16 , when Mr Guilherme's arrived home with a female friend to see Marsh leaving the rear of his home with a bag of stolen goods.

It is believed Marsh attacked first , putting his hands around Mr Guilherme's throat as he confronted him in the front yard.

A post mortem is being held this morning to determine Marsh's death , but it is suspected that Marsh may have suffered a lack of oxygen during the struggle and being restrained by Mr Guilherme.

Police will seek legal advising on whether charges should be laid but said it was highly unlikely Mr Guilherme would face charges due to the belief he acted in self-defence.

The Salvation Army said today that Marsh had been trying to turnarround his life after being homless and drug addicted.

The head of the Salvation Army Oasis Youth Support Network based in Surry Hills , said Marsh had been a client at the centre for seven weeks.

Captain Paul Moulds said Mr Marsh was at a difficult stage of his life and had already experienced several years of homelessness.

""Despite his troubled background and difficult journey he had shown himself to be a young man with great potential and a sincere concern for others ,'' Capt Moulds said in a statement.

''He had a dream of working as a chef in the future and had also begun training for a forklift licence to help turn his life around.

''Unfortunately , his battle with drugs led him into some bad situations.

''This tragic incident should serve as a reminder to all young people who might not always think about the consequences of their actions.''

Capt Moulds said the incident also highlighted the need for the NSW and federal governments to respond to the recomendations of the Australian Youth Homeless Report , which was released in April.

''We can save these young people but it will require the will and efforts of the entire community ,'' he said.

A report on the 19-year-olds death is being prepared for the coroner.