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09-11-2012, 09:46 PM
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#1
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Thinks s/he gets paid by the post
Join Date: Nov 2005
Location: North of Montana
Posts: 2,769
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Only in Canada you say?
Until I hear the rest of the story, I'd rather live in Texas: Trial Begins For Man Charged With Stabbing Intruder
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There are two kinds of people in the world: those who can extrapolate conclusions from insufficient data and ..
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09-11-2012, 09:52 PM
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#2
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Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Join Date: Jun 2002
Location: Texas: No Country for Old Men
Posts: 50,021
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Sounds like a news item from The Onion...
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Numbers is hard
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09-11-2012, 10:30 PM
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#3
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Thinks s/he gets paid by the post
Join Date: Nov 2005
Location: North of Montana
Posts: 2,769
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yabut, it ain't.
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There are two kinds of people in the world: those who can extrapolate conclusions from insufficient data and ..
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09-11-2012, 10:35 PM
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#4
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Moderator Emeritus
Join Date: May 2007
Posts: 12,901
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Do you have a jury system in Canada? It's hard for me to imagine a jury convicting him -especially since he didn't kill the intruder.
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09-11-2012, 11:06 PM
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#5
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Thinks s/he gets paid by the post
Join Date: Nov 2005
Location: North of Montana
Posts: 2,769
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Quote:
Originally Posted by FIREd
Do you have a jury system in Canada? It's hard for me to imagine a jury convicting him -especially since he didn't kill the intruder.
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IANAL but I believe that any criminal offence punishablle by 2 years or more requires a jury trial (offences less than 2 years, accused may elect trial by judge alone, CDN lawyers please correct if necessary).
You may be right, but why put the poor bast--d through the trials (pun intended), tribulations and costs of defending himself. If he had used a gun rather than a knife, he'd die owing legal fees even if aquitted.
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There are two kinds of people in the world: those who can extrapolate conclusions from insufficient data and ..
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09-11-2012, 11:38 PM
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#6
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Recycles dryer sheets
Join Date: Nov 2010
Posts: 124
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I think the overlooked "canadian-ism" in this story, is that the intruder took his shoes off at the front door!
Maybe he didn't want to scuff the hardwood.
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09-11-2012, 11:50 PM
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#7
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Thinks s/he gets paid by the post
Join Date: Nov 2005
Location: North of Montana
Posts: 2,769
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Who did you know to cheat and get it so fast?
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There are two kinds of people in the world: those who can extrapolate conclusions from insufficient data and ..
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09-12-2012, 05:43 AM
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#8
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Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Join Date: Feb 2006
Location: Washington, DC
Posts: 11,328
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Wow. I hope we see the outcome of this.
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Idleness is fatal only to the mediocre -- Albert Camus
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09-12-2012, 06:02 AM
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#9
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Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Join Date: May 2011
Posts: 8,368
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I recall, some 15 years or more ago, in the B.C. interior, an old guy (80s, I believe), stabbed, (perhaps with a screwdriver), a guy, apparently around 6'2", who was climbing through an open window.
Rumor was that the old boy was going to be charged, and a Vancouver talk radio station was inundated with indignant calls.......so many that the RCMP were obliged to make an official announcement saying that he was not facing any charges.
__________________
"Exit, pursued by a bear."
The Winter's Tale, William Shakespeare
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09-12-2012, 06:46 AM
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#10
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Thinks s/he gets paid by the post
Join Date: May 2005
Location: Texas
Posts: 1,038
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Intruder probably is entitled to free health care also.
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In theory, theory and practice are the same. In practice, they are not.
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09-12-2012, 06:52 AM
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#11
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Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Join Date: Nov 2010
Location: Sarasota, FL & Vermont
Posts: 36,364
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Seems to me that this could happen in the US as well.
I seem to recall similar cases where an intruder sued for damages in civil court and won.
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09-12-2012, 07:13 AM
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#12
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gone traveling
Join Date: Sep 2003
Location: DFW
Posts: 7,586
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Quote:
Originally Posted by kumquat
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This is the same type of mentality that comes from those who want to take our guns away. Unbelievable that this could even end up in a court room.
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09-12-2012, 08:08 AM
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#13
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Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Join Date: May 2009
Posts: 9,343
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Although this story may have more to it than was written, I don't know, but in general, I find it an outrage that anyone would be prosecuted for defending their home. That should be ones sacred ground, and any homeowner facing an intruder entering a property illegally should have the right to "eliminate the danger" anyway they see fit in their mind. But then again, maybe my opinion should be discounted because I believe man/women who keep spitting out children by the dozens with the taxpayer footing all the bills for their upbringing should be legally sterilized.
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09-12-2012, 09:08 AM
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#14
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Moderator
Join Date: Feb 2010
Location: Flyover country
Posts: 25,352
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I'm pretty sure the situation would be even worse in England, based on some of the stories I've read about over there.
I can't really blame the prosecutors for upholding the law, but I do think the people should get some of these laws changed.
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I thought growing old would take longer.
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09-12-2012, 09:27 AM
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#15
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Thinks s/he gets paid by the post
Join Date: Jul 2009
Location: Miraflores,Peru
Posts: 1,992
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Quote:
Originally Posted by kumquat
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I think most people are missing the fact that it was not his house!
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09-12-2012, 09:32 AM
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#16
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Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Join Date: May 2011
Posts: 8,368
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Quote:
Originally Posted by NYEXPAT
I think most people are missing the fact that it was not his house!
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From the article: "The trial of a Toronto man charged with aggravated assault after stabbing a man who broke into his house began Tuesday.
In July 2011 Moses Mahilal, 29, and his girlfriend Sarah Walsh returned to their home near Keele Street and Eglinton Avenue West at 3 a.m. to find their door ajar and an unfamiliar pair of shoes on the floor."
Sounds as if it's his house to me.
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"Exit, pursued by a bear."
The Winter's Tale, William Shakespeare
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09-12-2012, 01:40 PM
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#17
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Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Join Date: Nov 2010
Location: Sarasota, FL & Vermont
Posts: 36,364
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Quote:
Originally Posted by Nemo2
From the article: "The trial of a Toronto man charged with aggravated assault after stabbing a man who broke into his house began Tuesday.
In July 2011 Moses Mahilal, 29, and his girlfriend Sarah Walsh returned to their home near Keele Street and Eglinton Avenue West at 3 a.m. to find their door ajar and an unfamiliar pair of shoes on the floor."
Sounds as if it's his house to me.
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+1
It clearly was his house.
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09-12-2012, 01:56 PM
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#18
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Recycles dryer sheets
Join Date: Apr 2011
Posts: 106
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Pretty sure in the US you can't use deadly force to defend your property either right? Only if you feel you feel personally threatened?
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I'm not obsessed with money, I'm obsessed with work! Er, rather the not doing it anymore part...
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09-12-2012, 02:10 PM
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#19
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Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Join Date: May 2009
Posts: 9,343
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Quote:
Originally Posted by ChadR
Pretty sure in the US you can't use deadly force to defend your property either right? Only if you feel you feel personally threatened?
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That is where the "castle doctrine" comes into play at the state level. And various states have levels of this in their specific castle doctrine. I would assume Kentucky's law is pretty strong because a week or 2 ago a 92 year old man didn't bother to ask if the intruder opening up the door from the basement was the tooth fairy. They immediately said he would not face charges after a nice kill shot to the chest. I feel pretty safe in my state too that I don't have to ask an intruder if he is here on a mission of peace before I blast away. The only thing that will come out of my mouth is this person broke into my house and I was in imminent fear of my life.
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09-12-2012, 02:19 PM
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#20
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gone traveling
Join Date: Sep 2003
Location: DFW
Posts: 7,586
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This link explains in simple language how the Castle doctrine works in Texas as it is designed to protect the homeowner, not the other way around:
Texas'
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