Hi,
Just to be the devils advocate it is not as cut and dry as some would imply when a lay person encounters a snake of any kind. We have a bias view because we keep them as pets or are engaged in the industry or in the field and have a good understanding of these animals.
Many of us on here would be fully aware there have been many occasions where captive reptiles (including snakes) have suffered a worse death at the hands of their keepers. Granted they are often considered accidents but that is open to definition dependant on the circumstances.
It's alright for us to sit back and berate people who know no better and believe they are doing the right thing when they kill a snake but in reality there are many factors which come into play.
No one will ever be charged for killing a wild snake because the law considers it an act that "any reasonable person" would undertake as a means to protect themselves, others, domestic pets or stock from an animal they believe to be dangerous. The same interpretation applies to other native land and marine creatures whether protected by legislation or not; eg - arachnids, crocs, octopus, dingoes and sharks.
It is not actually illegal to kill a snake if a person believes it is a threat to themselves, others, pets or stock. This applies even if the person does not know the type of snake and whether it is venomous or not. Unfortunately it's just the way it is.
There are many incidents where "pet" dogs which cause serious injury or death are put down. I live in the scrub and am fully aware that there are instances when dogs have been shot just because they are considered a threat to people or stock. It is quite acceptable to shoot a dog that wanders onto property outside the owners without it actually causing any harm to anything and just because it poses a possible threat to stock.
I am also aware that there have also been plenty of instances where domestic cats have suffered the same fate because they have killed poultry.
The snake in this story wasn't in the vase when it was first discovered. My understanding is that it was lying on top of a concrete grave cover and was trapped in some exposed steel bars. Believing it to be a threat to himself and/or anyone attending the cemetery he did what he thought was the right thing to do at the time and cut it in half with the shovel with the intention to kill it. Following the act he took the bottom half away. When he returned to remove the other half it had moved and the head was out of view, hidden in the vase. When he went to pick this half up and remove it the snake had not yet died of the injury and turned around and bit him in a reflex action.
George.