kumquat
Thinks s/he gets paid by the post
Until I hear the rest of the story, I'd rather live in Texas: Trial Begins For Man Charged With Stabbing Intruder
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).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.
Until I hear the rest of the story, I'd rather live in Texas: Trial Begins For Man Charged With Stabbing Intruder
Until I hear the rest of the story, I'd rather live in Texas: Trial Begins For Man Charged With Stabbing Intruder
I think most people are missing the fact that it was not his house!
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.
ChadR said: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?
I imagine the law varies from state to state but I always liked the old canard that if you shoot someone at the door, drag them inside because once an intruder enters your house you are free to do anything to protect yourself. In my opinion, the very presence of an intruder in your house is a mortal threat and anyone would be foolish to not perceive it as such.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?
donheff said:I imagine the law varies from state to state but I always liked the old canard that if you shoot someone at the door, drag them inside because once an intruder enters your house you are free to do anything to protect yourself. In my opinion, the very presence of an intruder in your house is a mortal threat and anyone would be foolish to not perceive it as such.
Now, if the guy was stupid enough to explain to the authorities that he did not feel threatened at all but was POd and decided to kill the intruder for having the temerity to pick his house, all bets are off.