Man dies after struggle over van
Police will now determine the cause of death before deciding next step: Expert
Police investigating the death of a man who allegedly broke into a van in West Auckland and later died from his injuries will first have to determine the cause of death before deciding the next step in the case, a law expert says.
Two men were breaking into a vehicle in Te Atatu¯ about 4am on Sunday when the van’s owner is believed to have confronted them.
One of the thieves fled in a vehicle leaving his accomplice in an altercation with the vehicle owner.
Neighbours told the Herald they heard glass smashing and car tyres spinning as well as the suspect screaming in pain before he went unconscious.
Police initially confirmed the man was taken to Auckland City Hospital with serious head injuries, but later said they were not sure why the man lost consciousness. The man died in hospital yesterday and his death has been referred to the Coroner.
The vehicle owner was taken to Waitākere Hospital with moderate injuries but was later discharged.
University of Auckland law expert Bill Hodge said police would first need to determine the cause of the man’s death and whether it was medical before deciding their next step.
“Then you say was he simply defending the chattel or had it shifted to self-defence of himself as opposed to simply the vehicle.”
Under the Crimes Act, a person could use reasonable force to protect their property but they could not cause bodily harm. Whereas in self defence, a person could use reasonable force to protect themselves — depending on the circumstances.
Wellington-based criminal lawyer John Miller said what could be classed as reasonable depended on the danger the person felt they were in at the time.
Police were unable to comment last night on whether any charges would be laid, but said inquiries were ongoing. Police are still trying to find a second man who left the address and are urging anyone with information about the incident to contact Waitemata¯ Crime Squad on 09 839 0697 or Crimestoppers anonymously on 0800 555 111.