The family of a woman who died after she allegedly broke into an apartment and was restrained by the residents have claimed the young mum was going through a ‘rough patch’ and questioned why her death had to happen.
The 20-year-old Point Cook woman is alleged to have broken into a Berkeley Street apartment in Melbourne‘s CBD, armed with a knife, just before 2am on Tuesday.
When inside, the woman allegedly demanded that the apartment’s residents hand over several items.
However, two of the residents, aged in their 20s, restrained the woman while others called the police.
Officers found the woman unconscious and performed CPR before rushing her to hospital in a critical condition.
The woman died in hospital on Wednesday night.
Police said in a statement that the 28-year-old Melbourne man and 24-year-old Melbourne woman who restrained her had since been interviewed.
Both the man and woman were released later without charge, pending further inquiries.
The family of a woman who allegedly broke into an apartment has spoken out
The woman’s heartbroken family asked ‘why’ this had to happen.
‘[We’re] devastated, heartbroken. There’s no words that can explain it,’ the woman’s stepfather told 7News.
‘She’s a beautiful mother she was going through a little bit of a rough patch.’
The case has raised questions about criminal justice and self-defence laws in Victoria.
Justice Lawrence from Hudson and Ball Lawyers said there was a fine line as to what a homeowner or resident can do during a break-in.
‘The best way to think about is that its a shield, not a sword,’ he told the publication.
‘You’re entitled to defend yourself and your property but once that defence is in place that’s the end of it.’
This is the latest in a growing number of alleged knife attacks that have occurred around the city in recent months.
The 20-year-old Point Cook woman died after residents performed a citizen’s arrest on her in the apartment building she allegedly tried to break into
Victorian Police said an investigation would be launched to determine the exact circumstances surrounding the woman’s death.
‘Detectives will investigate the circumstances surrounding the alleged burglary and the woman’s death, with oversight from the Homicide Squad,’ officers said.
Instances of aggravated home burglaries have increased by 21 per cent year-on-year in Melbourne, according to Victoria’s crime statistics released on Thursday.
There has also been a push to overhaul the state’s existing self-defence laws to allow people to defend themselves and their assets during home invasions.
It comes after football legend Mick Malthouse used an exercise bar to deter offenders during a home invasion earlier this month.
Another intruder was shot dead during a home invasion in Donnybrook last year.
Earlier this year, Mildura locals pursued teenagers accused of stealing motorcycles from a local business.
Libertarian Party Leader David Limbrick is pushing for a Castle Doctrine, similar to those in the UK and US, to be introduced in Victoria.
The woman had allegedly broken into the Melbourne apartment armed with a knife before she was restrained (stock pictured)
The Castle Doctrine would create a law that affords Victorians the opportunity to forcibly ward off home intruders without consequence.
‘Although we don’t yet know the details of what happened in this case, people defending their homes need certainty on what they can and can’t do,’ Mr Limbrick told the Herald Sun.
‘That’s exactly why the Libertarian Party recently tried to get the government to review self-defence laws.
‘The popularity of the petition in support of castle laws in Victoria proves that Victorians want better certainty for these situations.’
Although the overall amount of non-aggravated burglaries had decreased across the last decade, the recent spike has been pinned on youth offenders.
Police have attributed the rise in home invasions to this demographic, according to recent crime statistics.
Victorian Attorney-General, Sonya Kilkenny, has defended the state’s current self-defence laws.
‘Our self-defence laws here in Victoria are proportionate, and Victorians are encouraged — in fact we plead with Victorians — to please continue to call Victoria Police in any emergency situation,’ she said in August.
‘Self-defence laws are about what is reasonable, what’s a reasonable amount of force in any situation. Those are our laws already in Victoria. They are proportionate.’
In July, the Victorian government unveiled details of new bail law changes it said were the ‘toughest in the country’.
Under the changes, people accused of committing six serious robbery and home invasion offences while on bail will be refused additional bail unless the decision-maker is satisfied there is a high likelihood the accused will not reoffend.
A new ‘second strike rule’ has also been introduced which would make it more difficult for repeat offenders to be granted bail.
