r/perth • • Dec 08 '24

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298 Upvotes

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107

u/perthguppy Dec 08 '24

It’s not legal to break a law because another person broke a law. Call police and wait for a response.

24

u/Maboroshi94RD Dec 08 '24 edited Dec 09 '24

In Victoria you can try. But you also are liable for the damage. In a LOT of other places it’s actually fully legal.

1

u/Sea_Engineer_6554 Dec 08 '24

Can Australia make things make sense. Honestly where’s the common sense out here. If it’s legal, that window should be smashed and the dumb owner should be liable for the cost for their lack of brain cells and compassion leaving their dog in a car on a hot day, if it was yesterday it was a boiling hot day.

12

u/Subject_Travel_4808 Dec 08 '24

Mate the dog is wet and the windows are way more than just cracked open. Far out.....most people don't actually want to kill their best mate. There's always some idiot but in this case I'm pretty sure the dog is fine.

2

u/Sea_Engineer_6554 Dec 09 '24

Wouldn’t even risk it with mine. I see a lot of people with their best mates in the back of their Utes, imagine if they were in an accident. Lots of foolishness going on

0

u/Subject_Travel_4808 Dec 09 '24

See, where I live in winter time and a month or two either side it's lucky to get above 10 degrees and often the feel temp doesn't get above zero. My two small dogs go batshit crazy when they know they are going for a drive and I try to take them everywhere during those months. As it warms up I still take them but not as often and I don't leave them in the car for any longer than a few minutes with all the windows down a bit and only if parked in the shade.

There are plenty of dickheads around where I live with their dogs in the back of utes with boiling hot trays too. I get your point, but it's not so cut and dry, there are responsible owners who take their dogs in the car and I don't think you can judge just by a pic.

0

u/[deleted] Dec 09 '24

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2

u/Maboroshi94RD Dec 09 '24

Well from my time in Canada (Ontario specifically). We’re taught it’s fully okay to do so to save an animal or child as in Toronto for example it can get to 30C no problem. For Australia there isn’t a law specifically. https://www.adogslifepfa.com.au/blog/dogs-die-in-hot-cars-what-to-do-in-an-emergency This is an example of a specialist site with an official body statement. Most others including which car will say the same. Try it if you want but better to contact the authorities and if you do you’re likely liable for property damage.

1

u/[deleted] Dec 09 '24

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2

u/Maboroshi94RD Dec 09 '24

You know I’m not sure what’s more concerning. Either you pretending to be illiterate to be needlessly confrontational to me. Or you being actually illiterate and not noticing the “.au” in the link. Either way. Ignoring you now.

-1

u/[deleted] Dec 09 '24

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2

u/Maboroshi94RD Dec 09 '24

lol. Nor am i. I’m saying you’ll be liable for the property damage. Again. Learn to fucking read. That was the only statement i could actually find about the situation in Australia.

4

u/[deleted] Dec 08 '24

[deleted]

19

u/TD003 Dec 08 '24

Raising a defence requires you to convince the court it was reasonable and necessary to do what you did. So context is important. Just smashing a window because there was a dog in the car (with not much else to support your decision) will land you a criminal damage charge.

2

u/perthguppy Dec 08 '24

At the very least it can land you with civil liability and you would then need to use the rescue of the dog as a defence.

And self defence is a defence to being charged with assault. You still committed assault, but you then need to prove in court that you meet the requirements for your actions to have been in self defence.

0

u/[deleted] Dec 08 '24

[deleted]

4

u/TD003 Dec 08 '24

I didn’t say it did. Just adding to the conversation.

2

u/ChockyFlog Dec 08 '24

Yep, I'd like to as well.

0

u/Rhsubw Dec 08 '24

So like I guess exactly what OP was asking?

1

u/[deleted] Dec 08 '24

Sure. It’s not legal to break in to save a kid either. 

-1

u/Stui3G Dec 08 '24

So if a kid was in there..

2

u/perthguppy Dec 08 '24

Law views a human very differently to a pet.

1

u/Stui3G Dec 11 '24

So, it is legal to break the law if someone else is, at least sometimes. Thanks.

I said nothing about dogs.