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I_H8_Spam

join:2004-03-10
St Catharines, ON
Reviews:
·Start Communicat..

[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
--
AFK: Attack, fight, kill!! The healer is telling you to go pull mobs.
WTF: Way to fight! The healer is applauding your tactical genius



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



capdjq
Premium
join:2000-11-01
Vancouver

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.
--
We owe Eastwood thanks for 12 minutes of awesome in a week of blah.



TLS2000
Crazy Canuck
Premium
join:2004-02-24
Mississauga, ON
Reviews:
·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.
--
Tom



I_H8_Spam

join:2004-03-10
St Catharines, ON
Reviews:
·Start Communicat..

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.
--
AFK: Attack, fight, kill!! The healer is telling you to go pull mobs.
WTF: Way to fight! The healer is applauding your tactical genius


milnoc

join:2001-03-05
H3B
kudos:2
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.
--
Watch my future television channel's public test broadcast!
»thecanadianpublic.com/live



I_H8_Spam

join:2004-03-10
St Catharines, ON

Indiana castle doctrine - pull them back inside the house if they are dispatched on the front lawn.



A Lurker
that's Ms Lurker btw
Premium
join:2007-10-27
Wellington N
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.



I_H8_Spam

join:2004-03-10
St Catharines, ON
Reviews:
·Start Communicat..

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.
--
AFK: Attack, fight, kill!! The healer is telling you to go pull mobs.
WTF: Way to fight! The healer is applauding your tactical genius


A Lurker
that's Ms Lurker btw
Premium
join:2007-10-27
Wellington N

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.


urbanriot
Premium
join:2004-10-18
Canada
kudos:3
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.

quickdry21

join:2009-05-15
Reviews:
·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.



urbanriot
Premium
join:2004-10-18
Canada
kudos:3
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!


A Lurker
that's Ms Lurker btw
Premium
join:2007-10-27
Wellington N
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.

quickdry21

join:2009-05-15

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.


quickdry21

join:2009-05-15
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.



Markie
Still Living Free

join:2009-07-11
Canada
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.
--
»www.timslaw.ca/



I_H8_Spam

join:2004-03-10
St Catharines, ON
Reviews:
·Start Communicat..

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.
--
AFK: Attack, fight, kill!! The healer is telling you to go pull mobs.
WTF: Way to fight! The healer is applauding your tactical genius



twizlar
I 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.
--
Broadline Networks Inc.



BonezX
Basement Dweller
Premium
join:2004-04-13
Canada
kudos:1

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.



I_H8_Spam

join:2004-03-10
St Catharines, ON
Reviews:
·Start Communicat..
reply to twizlar

said by twizlar:

Unfortunately in Canada, you are better off to kill an intruder than to injure/maim them.

Case in point: Corey Blaskie
--
AFK: Attack, fight, kill!! The healer is telling you to go pull mobs.
WTF: Way to fight! The healer is applauding your tactical genius


Rifleman
Premium
join:2004-02-09
p1a
reply to I_H8_Spam

I'd have shot his sorry ass.


a1_Andy
Premium
join:2005-12-29
Oshawa, ON
reply to I_H8_Spam

When I was 9 years old a bunch of guys busted into our house in hopes of stealing jewellery, electronics, money and computers. Wee where supposed to be at the cabin that weekend but didn't go like we did every weekend in the summer's.
My Dad has his own robotics engineering factory's so I guess they thought it would be a good score, (Computers 30 years ago where expensive). Well Dad opened up on them with my baseball bat and smashed one guys skull and busted the other guys knees right at the cap's. the last guy ran for his life.
The cops came and shook my Dad's hand because what he did was right. When the two that where caught left the hospital they went strait to jail on BnE charges, (before home invasion I guess).

The downfall;
The house insurance to this day pays the fucker in the wheel chair monthly, and the guy that was hit in the head, his parents get a nice check from the home insurance as well still to this day.
I guess its gotten worse, must be rookie cops.
--
A piece of crap in a box with a guaranteed sticker on it is nothing but a guaranteed piece of crap.
You Can build a man a fire and he will be warm for a night, You can set a man on fire and he will be warm for the rest of his life.



lugnut

@look.ca
reply to I_H8_Spam

All I know is if anyone breaks into my place one night, only one of us is going to be walking out.

Let God and the OPP sort things out the next morning.

Expand your moderator at work

PX Eliezer7
Premium
join:2008-08-09
Hutt River
kudos:13
Reviews:
·callwithus
·voip.ms
reply to I_H8_Spam

Re: [Serious] Right to defend?

said by I_H8_Spam:

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.

Probably not....

Just a note: Every state chooses how their prosecutors (or district attorneys) are chosen.

In New York, DA's are elected. That system has its own issues.

In New Jersey, County prosecutors are appointed directly by the Governor....

said by I_H8_Spam:

In the USA I doubt this even would have been considered for charges.

Quite likely, in most US jurisdictions this would have been presented to a Grand Jury....and I doubt that a Grand Jury would have issued an indictment. Thus no arrest or trial.

Canada no longer uses Grand Juries....


Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4

said by PX Eliezer7:

Canada no longer uses Grand Juries....

Most US states don't use them now, either. Only 22 states still use them.

peterboro
Avatars are for posers
Premium
join:2006-11-03
Peterborough, ON
reply to PX Eliezer7

said by PX Eliezer7:

Canada no longer uses Grand Juries....

Did we ever? I'm curious as our legal system was adopted from England where charges originate by way of police or justices of the peace/magistrates.

I do remember an episode of Rockford Files were the producers where intent on criticizing the grand jury system in California.


Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4

Yes, the provinces did at various points. Nova Scotia was the last province to get rid of them back in the 80s.

The UK got rid of theirs in the 30s, and the last Australian state got rid of theirs in 2006. The Americans - and not all of them, even - are really the only ones who still use them.