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| [Serious] Right to defend? Reading this story. Why are we wasting our law enforcement dollars prosecuting a victim of a criminal act. Charged after protecting his family and property from unknown number of home intruders. Police use the statement of the criminal claiming that the resident attempted to kill him, so now the resident faced a more severe charge then the criminal his actions stopped.
-What if? There was 2 or 3 people, what if they were armed? The house wouldn't have multiple paths upstairs, so Kino attempted to charge Mahilal and escape. I know in such a situation, I would act.
Judged by 12 instead of carried by 6.
- Kino Johnson, wouldn't have been in the situation had he not broken in the first place.
- Moses Mahilal should be getting a commendation instead of a potential criminal record. For protecting his family and property, he faces a hefty legal bill.
»www.thestar.com/news/gta/crime/a···intruder
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AFK: Attack, fight, kill!! The healer is telling you to go pull mobs.
WTF: Way to fight! The healer is applauding your tactical genius |
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 FaxCap
join:2002-05-25
Surrey, BC | I tend to agree....you enter someone's house and as far as I'm
concerned you get what you deserve.
FaxCap |
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 capdjqRIP my friendPremium
join:2000-11-01
Coastie
1 edit | reply to I_H8_Spam
No jury is going to convict him. But its going to cost him a lot of money to defend himself. However, in any murder case more attention is usually given to the criminal's rights. The victims are usually forgotten.
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We owe Eastwood thanks for 12 minutes of awesome in a week of blah. |
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 TLS2000Crazy CanuckPremium
join:2004-02-24
Mississauga, ON
 ·TekSavvy Cable
·Rogers Hi-Speed
| reply to I_H8_Spam
If the dude's story is true and he was trying to get away, then stabbing him multiple times probably wasn't the best way to deal with the situation.
That said, I understand why a person would attack someone who was found inside their home. Fact of the matter is, he never would have been attacked with a knife if he wasn't where he had no right to be.
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Tom |
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Reviews:
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| said by TLS2000:If the dude's story is true and he was trying to get away, then stabbing him multiple times probably wasn't the best way to deal with the situation.
As I noted tho, consider that the family home has only 1 egress from the upper level. So the act of leaving would have had Mr. Johnson try to rush pass Mr. Mahilal to reach the lower floor. That easily could have been interpreted as an attack.
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AFK: Attack, fight, kill!! The healer is telling you to go pull mobs.
WTF: Way to fight! The healer is applauding your tactical genius |
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 milnoc
join:2001-03-05
H3B
kudos:1 | reply to I_H8_Spam
If he had successfully and efficiently killed the intruder, there wouldn't have been a "witness" or a trial.
Just pointing out the absurdity of the whole situation.
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Watch my future television channel's public test broadcast!
»thecanadianpublic.com/live |
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| Indiana castle doctrine - pull them back inside the house if they are dispatched on the front lawn. |
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 A LurkerPremium
join:2007-10-27
Burlington, ON | reply to I_H8_Spam
My personal opinion is that this man should, and likely will, be aquitted.
I also think that his trouble is arising from the fact that he continued to attack the guy while he was running away. At this point likely in the eyes of the law he's no longer defending, but assaulting. Of course, the fact that the burglar stopped to try and put on his shoes while being chased by a screaming guy with a knife just proves that most criminals are stupid. |
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Reviews:
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| said by A Lurker:My personal opinion is that this man should, and likely will, be aquitted.
I also think that his trouble is arising from the fact that he continued to attack the guy while he was running away. At this point likely in the eyes of the law he's no longer defending, but assaulting. Of course, the fact that the burglar stopped to try and put on his shoes while being chased by a screaming guy with a knife just proves that most criminals are stupid.
The criminal is claiming he was attacked while fleeing, this was from his statement gathered 3 weeks after.
Mr. Mahilal claimed the injuries were caused in effect of protecting his family.
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AFK: Attack, fight, kill!! The healer is telling you to go pull mobs.
WTF: Way to fight! The healer is applauding your tactical genius |
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A LurkerPremium
join:2007-10-27
Burlington, ON | said by I_H8_Spam:The criminal is claiming he was attacked while fleeing, this was from his statement gathered 3 weeks after. I'd like to assume that if he was stabbed head on there wouldn't be an investigation. If some of the stab wounds are from behind I'd assume that the police might believe some of his story.
Hey, I've come up the stairs wielding the fireplace poker when the alarm went off one night. Hitting someone approaching, self defence... hitting someone running away, not. In my case the sliding door wasn't locked, someone tried it, alarm went off, they ran away. However, 100% hindsight I have a monitored alarm. Locking myself in the bathroom or hiding in the crawlspace would have been a more prudent action. Confronting someone who may have been bigger, stronger or better armed wasn't the best choice.
Now if I watch TV in the basement at night I make sure that some of the upstairs lights are on so it looks more like someone is home. |
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Reviews:
·Cogeco Cable
| reply to I_H8_Spam
said by I_H8_Spam:Reading this story. Why are we wasting our law enforcement dollars prosecuting a victim of a criminal act. 1. I fully support castle doctrine and feel a person should have the right to shoot anyone that criminally invades their home.
2. However, I believe we must spend money on investigations to ensure that the invasion was criminal in nature.
3. In Canada, it seems it's sensible to kill an intruder, not report it and lose the body. |
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·ELECTRONICBOX
·Colbanet
| reply to I_H8_Spam
Coincidentally, someone tried to kick down my apartment door at 3am last night. I wasn't home, but my girlfriend was, and she looked out the door and some masked butthole was trying to break in.
I will be buying a nice wooden bat once I'm back in town. |
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Reviews:
·Cogeco Cable
| reply to A Lurker
said by A Lurker: Hitting someone approaching, self defence... hitting someone running away, not. ... hitting them when they run away could have a positive effect on recidivism! |
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A LurkerPremium
join:2007-10-27
Burlington, ON | reply to quickdry21
said by quickdry21:I will be buying a nice wooden bat once I'm back in town. Yes, but she might end up in the same situation I was mentioning. She might end up swinging a bat against someone who could easily take it away from her and use it against her. A good deadbolt and a reminder to call 911 instead of checking the peephole might be a better idea. |
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| If someone gets in though I would like to have some form of defense. I'm sure someone with a crowbar and some determination could get through a deadbolt. |
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| reply to A Lurker
Besides, I don't think she would have the courage to go after someone with a bat, I was more thinking for my own personal use. |
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| reply to I_H8_Spam
Our current Federal .gov just enhanced and clarified a victims right to self defense did they not?
Regardless, a jury of peers is always preferable to pall bearers.
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»www.timslaw.ca/ |
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Reviews:
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| This type of case is where I feel the USA system of locally elected Prosecutors, trumps the appointed system Canada uses.
In the USA I doubt this even would have been considered for charges.
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AFK: Attack, fight, kill!! The healer is telling you to go pull mobs.
WTF: Way to fight! The healer is applauding your tactical genius |
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 twizlarI dont think so.Premium
join:2003-12-24
Brantford, ON
kudos:3 | reply to I_H8_Spam
Unfortunately in Canada, you are better off to kill an intruder than to injure/maim them. Even after the criminal trial, the criminal can sue the home owner for their injuries, total joke of a legal system in that regard.
Moral of the story, if you are going to defend yourself, make sure you don't leave any witnesses, especially the criminal.
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Broadline Networks Inc. |
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 BonezXBasement DwellerPremium
join:2004-04-13
Canada | that's when you pitch two things to the court
#1 were they let in by anyone in the household or known by anyone of the household, answer would be no
#2 was the point of entry forced open, if it was forced open they are trespassing, and very few insurance companies will pay bills i you injure yourself while trespassing.
not to mention the "victim" was in the middle of committing a series of crimes. |
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