The side effects usually last for less than an hour. 3 0. Ms Toole also questioned the motive behind the push for the legalisation of pepper spray. Pepper spray is illegal in most Australian states but can be carried in WA if a person has “reasonable grounds” to believe they may need to use it in “lawful defence.” A 2002 Supreme Court decision said it could be carried for self-defence. Using them is also an offence, and can give rise not only to breaching the Act, but also to being charged with additional criminal offences. Most of the subsequent attention has been on the comments about Greens senator Sarah Hanson-Young made by Senator Leyonhjelm during that debate. The maximum penalty if this offence is prosecuted in the local court is two years’ imprisonment. Ms Finlay said she hoped no-one would ever use women's safety as a "ploy for anything else". Across the road from Justice Precinct carpark. Not Guilty of Affray and Assault Occasioning Actual Bodily Harm in Company, Not Guilty of All 26 Sexual Offences, Including Multiple Counts of Aggravated Sexual Assault, The Right Lawyer Makes All the Difference: Our Client Receives Intensive Correction Order While His Co-Accused Is Sentenced to Full Time Imprisonment, Client Not Guilty of Sexual Touching and Police Ordered to Pay Costs, Sexual Assault and Detain for Advantage Charges Dropped, No Criminal Record for Mid Range Drink Driving, Not Guilty of High Range Drink Driving and Police Ordered to Pay Costs, No Criminal Record Despite Pleading Guilty to Skye’s Law, Not Guilty of Negligent Driving Occasioning Death, No Conviction for Drive Whilst Disqualified and State False Name. Furthermore, I sometimes carry a baseball bat in my car. You can’t rely on Superman or Batman to come to the rescue at the right moment (unfortunately! It is worth noting that police officers are permitted to carry pepper spray and mace. But there's more bad news, What Markeeta wishes she knew when her baby was diagnosed with allergies, Frontline workers and elderly should be next in line for COVID vaccine, says US CDC, Hannah Green has celebrated her 24th birthday with five birdies and a $276,000 payday, 'We're not from another planet': Odd couple of gardening bring city and desert together, Thailand sees sudden surge from 30 COVID cases to more than 500 in a single day, 'I walked away. Women are not allowed to defend themselves in a way that would actually be of any help …AT ALL. She noted the concern was that "if you open the door to one type of force being able to be used, then you gradually open the door to other forms of force". I was shamed': Calls for a rethink on Indigenous health services and aged care. You could have your lawyer raise the argument that you acted in self-defence, which the prosecution would have to negate by showing your actions were not a reasonable response. As a self-defense product, pepper spray … But even if you are successful in this defence, you are being put through quite an ordeal with being charged by police and facing the stress, time and expense of a court process. These products are legal to purchase in Western Australia to anyone over the age of 18. The penalties for using pepper spray against someone can be severe. "If we didn't have people, men or women, going around committing assaults and committing crimes, there wouldn't be any need for anybody to carry pepper spray," Ms Finlay said. But in Australia the 'COVID war' is far from over, Sally was called a murderer for killing her husband. Western Australia is the only exception where these are considered as controlled weapons. Farbgel contains a dye that will be on the attackers face and clothes for several days. Adelaide Law School's Kellie Toole, an expert in laws surrounding self-defence, says pepper spray poses a similar dilemma to that of gun laws in America. 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