Only in Canada you say?

[kumquat]

Until I hear the rest of the story, I'd rather live in Texas: Trial Begins For Man Charged With Stabbing Intruder

 

[REWahoo]

Sounds like a news item from The Onion...

 

[kumquat]

yabut, it ain't.

 

[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.

 

[kumquat]

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.

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.

 

[naggz]

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.

 

[kumquat]

Who did you know to cheat and get it so fast?

 

[donheff]

Wow. I hope we see the outcome of this.

 

[Nemo2]

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.

 

[Lazarus]

Intruder probably is entitled to free health care also.

 

[pb4uski]

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.

 

[eytonxav]

Until I hear the rest of the story, I'd rather live in Texas: Trial Begins For Man Charged With Stabbing Intruder

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.

 

[Mulligan]

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.

 

[braumeister]

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.

 

[NYEXPAT]

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!

 

[Nemo2]

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.

 

[pb4uski]

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.

+1

It clearly was his house.

 

[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?

 

[Mulligan]

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?

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.

 

[eytonxav]

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'

 

[donheff]

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.

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.

 

[veremchuka]

God Bless Texas! But why does it have to be so hot there? Here you're better off letting the criminal kill you than defend yourself.

 

[Mulligan]

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.

+1... The first shot is to protect yourself when invaded, and the second is to make sure he doesn't drag himself out of the house and dispute what had truly occurred.

Reminds me of my favorite John Wayne line...I wont be wronged and I wont be insulted. I wont be laid a hand on. I don't do these things to people, and I require the same from them.

 

[braumeister]

Generally speaking, if you feel you are in danger of death or great bodily harm (that would certainly apply to many of us, being considerably older than any likely intruder), you are entitled to do whatever is necessary to stop the threat.

Note that this doesn't mean pumping bullets into the guy until he stops twitching; it just means doing whatever is necessary to ensure the immediate threat has been neutralized. Fleeing the scene may be one way to do that, although it's not required in your own home, at least in the USA.

Another significant factor in this, of course, is that the entire encounter is likely to be measured in seconds, not minutes, so it's a very good idea to be prepared and have a very good idea what you might be able to do to defend yourself. A gun can be an excellent tool, but so can a canister of high potency pepper spray.

Personally, I'm a great believer in preparedness and self-defense training for everyone. As the old saw has it, "when seconds count, the police are just minutes away."

 

[MichaelB]

The details matter is situations like the one in the original link, and like this case, we don't have them. I'm not sure how I would react if something like that we're to happen to me, but the one thing I am absolutely certain of is the next day I would hire a good attorney.