Home invasion and abduction

[psychokandy]

This one came as a shock... I have family living in Quebec. My thoughts are with the family, especially the children.

http://www.thestar.com/News/GTA/article/410334


EDIT: Your responses raise interesting points... people being able to protect themselves in their OWN HOME shouldn't be an issue. Are there legal implications running against you for defending yourself and your family?? People in a state of threat and pure panic switch to survival mode in these situations, but should they be held accountable for murder when they're attacked by strangers entering their home?

[George W. Bush]

Yep - stuff like this always get me hyped. Just want to go out there and nuke places and blow things up.

In this case, the dude yielding a knife - would the man who came to protect the lady from this intruder with a knife be OK with shooting the criminal?

Would have it been better to shoot the intruder with knife in the leg or mortally?

I fear that the intruder could have come around and sued them for bodily harm...

People should be allowed to protect themselves IN THEIR OWN f***** homes at any cost. It is their own private space after all, NOT the criminal's and thieve's off the streets?

What kind of force is allowed in this instance by the homeowner?

[Ebola]

If you believe you are threatened with grevious or deadly harm you can respond in kind.


Dont even talk about "shooting someone in the leg". I'll give you a pistol, put you on a range then draw a leg on a target, and let you shoot at it standing still, with it not moving and see how well you can hit it.

Then, if you think it's still easy, we'll have to find someone who hates at you to run at you with a knife, and see if you hit one of their legs. Not gonna happen.

[UrbanPoet]

Yep - stuff like this always get me hyped. Just want to go out there and nuke places and blow things up.

In this case, the dude yielding a knife - would the man who came to protect the lady from this intruder with a knife be OK with shooting the criminal?

Yep... someones life was in immediate danger especially considering that theres an abduction.

Would have it been better to shoot the intruder with knife in the leg or mortally?

This isnt Jack Bauer from 24. shooting an intruder (most likely a moving one that will be freaking out @ you b/c you pulled a gat on him) is extremely difficult with a hand gun.

Its hard enough hitting a still target with a hand gun in non-stressful conditions, let alone one thats trying to kill you.

I fear that the intruder could have come around and sued them for bodily harm...

People should be allowed to protect themselves IN THEIR OWN f***** homes at any cost. It is their own private space after all, NOT the criminal's and thieve's off the streets?

What kind of force is allowed in this instance by the homeowner?

The force allowed... is whatever reasonable to protect yourself from immediate danger or DEATH. Its up the court to decide, and most people can judge this themselves by common sense.

[jerrytrinity]

i agree....this kind of thing is absolutely rediculous. On the flip side of the coin, in the US you are able to shoot anyone that illegally steps foot on your property.
Strangers is a new horror flick that deals with home invasion. Liv tyler and Scott Speedman(Underworld baby!!) get invaded by three creepers with masks on.

Here is the trailer for the interested parties..
http://movietrailerlive.com/ct_0002_TheStrangers_A

Apparently Speedman disagrees with us seeing how he does little to protect him and his girl. Foolish foolish man.

[flygo]

EDIT: Your responses raise interesting points... people being able to protect themselves in their OWN HOME shouldn't be an issue. Are there legal implications running against you for defending yourself and your family?? People in a state of threat and pure panic switch to survival mode in these situations, but should they be held accountable for murder when they're attacked by strangers entering their home?

wouldn't this be covered under the Castle Law? or is it not applicable in Canada?

[Nikita]

i agree....this kind of thing is absolutely rediculous. On the flip side of the coin, in the US you are able to shoot anyone that illegally steps foot on your property. Strangers is a new horror flick that deals with home invasion. Liv tyler and Scott Speedman(Underworld baby!!) get invaded by three creepers with masks on.

Here is the trailer for the interested parties..
http://movietrailerlive.com/ct_0002_TheStrangers_A

Apparently Speedman disagrees with us seeing how he does little to protect him and his girl. Foolish foolish man.

No, you can't, not even in the U.S.

wouldn't this be covered under the Castle Law? or is it not applicable in Canada?

No, castle law is not applicable in Canada.

[almostfreeman]

If you believe you are threatened with grevious or deadly harm you can respond in kind.

How about if you believe a family member or friend or even a stranger is in imminent danger?

[UrbanPoet]

How about if you believe a family member or friend or even a stranger is in imminent danger?

yeah... for sure.. if someone is pointing a knife @ your friend saying "Imma Kill you biotch", you can do whatever it takes (that is no excessive), and it'll most likley be self defense.

Defense of Person

Self-Defence Against Unprovoked Assault
... / Extent of justification.

34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.

(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if

(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and
(b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm. [R.S. c.C-34, s.34.]

Self-Defence In Case Of Aggression.

35. Every one who has without justification assaulted another but did not commence the assault with intent to cause death or grievous bodily harm, or has without justification provoked an assault on himself by another, may justify the use of force subsequent to the assault if

(a) he uses the force

(i) under reasonable apprehension of death or grievous bodily harm from the violence of the person whom he has assaulted or provoked, and
(ii) in the belief, on reasonable grounds, that it is necessary in order to preserve himself from death or grievous bodily harm;

(b) he did not, at any time before the necessity of preserving himself from death or grievous bodily harm arose, endeavour to cause death or grievous bodily harm; and
(c) he declined further conflict and quitted or retreated from it as far as it was feasible to do so before the necessity of preserving himself from death or grievous bodily harm arose. [R.S. c.C-34, s.35.]

Provocation.

36. Provocation includes, for the purposes of sections 34 and 35, provocation by blows, words or gestures. [R.S. c.C-34, s.36.]

Preventing Assault
... / Extent of justification.

37. (1) Every one is justified in using force to defend himself or any one under his protection from assault, if he uses no more force than is necessary to prevent the assault or the repetition of it.

(2) Nothing in this section shall be deemed to justify the wilful infliction of any hurt or mischief that is excessive, having regard to the nature of the assault that the force used was intended to prevent. [R.S. c.C-34, s.37.]

[iluvmikeharris]

Shoot to kill in the case, not injure. The last thing you want is to be sued by some scumbag because you injured him when he invaded your space, and you're stuck supporting the crack head for life.

[boyoflondon]

Shoot to kill in the case, not injure. The last thing you want is to be sued by some scumbag because you injured him when he invaded your space, and you're stuck supporting the crack head for life.

Gotta love the "law" ....

[Nikita]

Shoot to kill in the case, not injure. The last thing you want is to be sued by some scumbag because you injured him when he invaded your space, and you're stuck supporting the crack head for life.

Yeah right, because it's always better to go to jail for killing someone than risk getting sued for it. BTW, when was the last time
you heard of that happening in this country?

Gotta love the "law" ....

Gotta love what people say about the law, as though they're some sort of authority on it.

[iluvmikeharris]

Yeah right, because it's always better to go to jail for killing someone than risk getting sued for it. BTW, when was the last time
you heard of that happening in this country?

Forgot to mention to dispose of the body. A few bucks to the mafia for some cement outta hold the 'lil sob.

[Bazooka Joe]

Yep... someones life was in immediate danger especially considering that theres an abduction.

This isnt Jack Bauer from 24. shooting an intruder (most likely a moving one that will be freaking out @ you b/c you pulled a gat on him) is extremely difficult with a hand gun.

Its hard enough hitting a still target with a hand gun in non-stressful conditions, let alone one thats trying to kill you.

The force allowed... is whatever reasonable to protect yourself from immediate danger or DEATH. Its up the court to decide, and most people can judge this themselves by common sense.

yeah... for sure.. if someone is pointing a knife @ your friend saying "Imma Kill you biotch", you can do whatever it takes (that is no excessive), and it'll most likley be self defense.
...

Seriously though, I don't know how guns came into the conversation here. I did not see any mention of it in either the OP or the article.

Good for the guy in the article fighting the intruder off, he's a hero. It's not easy to do something like that and it takes serious cojones to go at a man with a knife. Hope they catch the scumbag who did this.

[knapper]

Dont even talk about "shooting someone in the leg". I'll give you a pistol, put you on a range then draw a leg on a target, and let you shoot at it standing still, with it not moving and see how well you can hit it.

So true...