All the more reason to make sure that you actually kill the little bugger. Heck, go ahead and empty the clip into him if you have to; you can always claim that you were so scared for your life that you just freaked out and went all Columbine on his butt…
Club bandit shot in back sues for damages
February 16, 2009 – News.com.au
CLINTON Brilley was on bail for armed robbery when he broke into a suburban sports club, intent on stealing the poker machine takings.
He left empty-handed – but with a bullet wound to his back, having been shot by security guard David Bingle.
Now Brilley, 26, is suing Mr Bingle’s security company in the District Court, seeking six-figure compensation.
Judge Leonard Levy heard that Brilley suffered back pain and post traumatic stress after Mr Bingle shot him with a revolver on June 23, 2003.
Brilley and three accomplices arrived at the Earlwood-Bardwell Park Sports Club about 4am, planning to steal cash from the gambling room.
But after using a crowbar to break in, Brilley was confronted by Mr Bingle and shot.
He claimed that as he and his gang escaped in a Subaru WRX, Mr Bingle fired twice more, shattering the getaway car’s rear windscreen.
He is suing Mr Bingle’s company, Presidential Security Services, for negligence and assault, saying excessive force was used during the incident.
Under civil liability laws, a court cannot award damages to someone injured during the commission of a serious offence – unless whoever injured them was committing an offence themselves.
Mr Bingle argues he acted in self-defence, telling the court last week: “I was in fear of my life.”
It is the second time the case has gone to trial.
In 2007, the District Court awarded Brilley more than $185,000 in damages, but the decision was overturned on appeal by Presidential Security Services.
Brilley is behind bars until at least 2012 for an unrelated armed robbery offence – for which he was on bail at the time of his shooting.
His claim includes money for future lost earnings because, as his counsel Adrian Canceri told the court: “He’s not in jail forever.”
Four months before the shooting, Mr Bingle had been disarmed at the club by three masked men who threatened him with his own pistol before robbing him and the club.
Mr Bingle told the court he was nervous and surprised when he realised there were three intruders at the club on June 23, and not just the one masked man he had seen in the car park.
He said he called out, “Halt, security” before firing his gun.
“If I didn’t use it, I wouldn’t be here,” he said.
Opinionated Infidels