Man convicted for protecting his 'castle'

A Taupo man who pointed an airgun at police, mistakenly believing they were burglars, is unhappy he has been convicted as a result of the incident.

Homeowner Jeremy Graves had come home late on March 13 and used a 100kg statue to smash a double-glazed window when he could not find his spare keys, The Dominion Post reported.

He went to sleep but was woken up by noises inside the house, the court was told.

Unknown to Graves, his neighbour, an off-duty policeman, had heard the glass smashing and called police, thinking it was a break-in.

Two unarmed police officers who responded yelled out identifying themselves as police but received no response.

Graves said that when he heard noises he panicked and grabbed an unloaded air pistol beside his bed.

He stood at the top of the stairs and pointed it at a dark figure standing at the front door.

Graves, 34, was convicted in Taupo District Court yesterday of assaulting a policeman and unlawfully presenting a firearm at police. He received a deferred sentence.

Judge Chris McGuire said the case highlighted two important legal principles - a homeowner's right to protect their property, and police's ability to investigate a suspected crime.

Graves was faced with the dilemma of all homeowners who find an intruder in their home and arm themselves "either with a firearm, a bat, or even a glass vase", he said.

"If there is a moral in this then it is 'don't resort to using a weapon'. Mr Graves would not have been convicted if he had chosen a baseball bat."

Outside court Graves said he was unhappy with the decision.

"The judgement says a man can no longer consider his house his castle."

- NZPA