A suspected home invasion at a property in Torrington, northern New South Wales, left one man shot and an elderly couple, Di and Keith Blessing, with stab wounds. The incident has sparked renewed discussion about self-defence laws and the so-called "castle law" in NSW.

Tamworth-based solicitor and former NSW Police prosecutor Alix Thom explained that legislation on self-defence is complex and assessed on a case-by-case basis in courts across the state. She noted, "You can defend yourself against another person, you can prevent unlawful deprivation of your liberty … to protect your property within reason," adding that the defence must be "proportionate to the threat as you perceive it in those subjective circumstances."

Ms Thom indicated it was "likely" that Mr Blessing would also face charges related to the incident, citing the legislative application of the self-defence test and recent Supreme Court case law.

The concept of "castle law"—which grants extraordinary protections and immunities for self-defence within one's home—traces back to a 1604 landmark English ruling known as "Semayne's Case," where attorney-general Sir Edward Coke made a significant declaration on the matter.

NSW Attorney-General Michael Daley stated in a letter of refusal that the state's self-defence laws are "well established and operate to provide protection to persons who use force that is reasonable and proportionate in the circumstances," while also containing "important limitations."

The case highlights the legal complexities faced when a homeowner confronts an intruder, especially when the intruder ends up injured or dead.

Sources

ABC Australia News