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  3. UPDATE: In a statement provided to CBC News, Kawartha Lakes Police Chief Kirk Robertson "touches on the assault charge" handed out to the home owner, after he was the victim of a home invasion.

UPDATE: In a statement provided to CBC News, Kawartha Lakes Police Chief Kirk Robertson "touches on the assault charge" handed out to the home owner, after he was the victim of a home invasion.

Scheduled Pinned Locked Moved Canada
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  • ohshit604@sh.itjust.worksO ohshit604@sh.itjust.works

    cross-posted from: https://sh.itjust.works/post/44480641

    Link to the original article, including the update

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    wirebeads@lemmy.ca
    wrote on last edited by
    #19

    If someone breaks into my house, that’s locked up and secured in the evening, and while I’m asleep starts ransacking my house, scaring or terrorizing my kids and wife, or causing harm, if their face happens to meet the end of a baseball bat, so be it. Reasonable force or not, I’m protecting.

    The fact is, if that person wasn’t breaking into my house, there’d be no need for me to introduce a bat to their face, and they wouldn’t be injured.

    This protecting perpetrators is nonsense especially when it’s on my own property. They’re the ones doing illegal activities.

    W 1 Reply Last reply
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    • ikidd@lemmy.worldI ikidd@lemmy.world

      I’ve been burglarized, I don’t give a shit about the stuff that was stolen, it’s being fucking sketched out about thinking someone is going to be in there the next time I walk in. That takes years to go away or you just move.

      And that isn’t about “possessions”. It’s about violation.

      I’m guessing from your dismissive cuntery that this hasn’t happened to you, so why would you understand feeling this way about it, eh?

      H This user is from outside of this forum
      H This user is from outside of this forum
      hellsbelle@sh.itjust.works
      wrote on last edited by hellsbelle@sh.itjust.works
      #20

      I have been as well. Money stolen once, and the second time I was laid out on the floor with a shot-gun to the back of my head while they took my tv and stereo (way back in the 70’s so no computers, etc to take).

      Hope that answers your incorrect assumptions, eh.

      1 Reply Last reply
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      • C canconda@lemmy.ca

        So, dead?

        In some contexts, yes. However you’ll still likely have to defend charges of manslaughter. You’d have to demonstrate that the actions you took could reasonable be expected to not result in the death of the subject; and that those actions were necessary to prevent receiving grievous bodily injury or death.

        and would have the capacity to simply “calm down” once the threat has been stopped.

        Lots of people defend themselves without turning their unconscious assailants into pin cushions. You seem to be fundamentally misunderstanding how reasonable force is determined. I suggest you read my other comments.

        they don’t know if the threat is over,

        If you can remove yourself from the situation the threat is over. It’s factually wrong to suggest that people can’t tell when they’ve won a fight.

        or if someone else is going to bust in to kill them,

        Continuing to inflict damage on an incapacitated assailant logically does nothing to prevent another potential unknown assailant from attacking you.

        or if the original attacker will fight back, or if they have a weapon, etc.

        Those factors will determine what level of force is reasonable. Unreasonable force generally comes into play after the assailant has been incapacitated.

        Courts should be very lenient

        You should be thankful you have right to defend yourself at all. Not all countries grant that to their citizens. The logical limitation of that right is that defending yourself does not permit you to “counter-assault” others.

        Assault in Canada doesn’t require them to hit you first. It includes threats with the ability to follow through. So you may preemptively strike to end an altercation without being charged for assault. HOWEVER, the average male is 28,000% less effective in combat than they think they are. So it’s generally a poor option for untrained individuals… as shit gets out of hand. Pre-emptively striking to end the fight early only works if you can actully do that.

        L This user is from outside of this forum
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        lepoisson@lemmy.world
        wrote on last edited by
        #21

        Damn as an American whose frame of reference is, “if someone breaks into my home in the middle of the night and I shoot them dead it’s likely going to be called justifiable - period” it’s wild to see this.

        Like, I’m not saying it’s good that we basically have a mentality of “yo if someone comes into your house you can blast em” as a people … But it’s interesting how divergent the views are.

        L Captain AggravatedC C B 4 Replies Last reply
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        • W wirebeads@lemmy.ca

          If someone breaks into my house, that’s locked up and secured in the evening, and while I’m asleep starts ransacking my house, scaring or terrorizing my kids and wife, or causing harm, if their face happens to meet the end of a baseball bat, so be it. Reasonable force or not, I’m protecting.

          The fact is, if that person wasn’t breaking into my house, there’d be no need for me to introduce a bat to their face, and they wouldn’t be injured.

          This protecting perpetrators is nonsense especially when it’s on my own property. They’re the ones doing illegal activities.

          W This user is from outside of this forum
          W This user is from outside of this forum
          woodscientist@lemmy.world
          wrote on last edited by
          #22

          We really don’t know the details here, and I think that’s key. There are scenarios where charging a homeowner make sense. Like you see an intruder with a knife. You whack them with a bat. And you knock them to the ground. And then you just…keep doing it. The guy is literally on the ground, skull half caved in, just begging you to call a fucking ambulance, completely at your mercy…and you’re still whacking him. Force can easily escalate well past what is needed for any reasonable level of self defense. Just because someone breaks into your home does not give you legal permission to torture them or murder them in cold blood. Maybe the homeowner tied the intruder up and literally tortured him.

          A prosecutor knows how unpopular prosecuting a homeowner for attacking a break-in victim would be. It would be an obvious political lightning rod. I’m inclined to believe that if they’re willing to go to all that trouble, the homeowner likely did something that went well beyond what any jury would consider reasonable self defense. This is the kind of case you do not as a prosecutor make unless you can be damn sure you’re getting a conviction.

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          • ohshit604@sh.itjust.worksO ohshit604@sh.itjust.works

            cross-posted from: https://sh.itjust.works/post/44480641

            Link to the original article, including the update

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            J This user is from outside of this forum
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            jownz@lemmy.world
            wrote on last edited by
            #23

            We just don’t know enough yet. Like, did he cut off his fingers after knocking him out? Did the invader and invaded know each other? I hope more details are shared soon because I imagine most of us are going to side with the invaded here.

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            • L lepoisson@lemmy.world

              Damn as an American whose frame of reference is, “if someone breaks into my home in the middle of the night and I shoot them dead it’s likely going to be called justifiable - period” it’s wild to see this.

              Like, I’m not saying it’s good that we basically have a mentality of “yo if someone comes into your house you can blast em” as a people … But it’s interesting how divergent the views are.

              L This user is from outside of this forum
              L This user is from outside of this forum
              leftytighty@slrpnk.net
              wrote on last edited by
              #24

              Americans also don’t see a problem with cops shooting people for simply running away

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              • L leftytighty@slrpnk.net

                Americans also don’t see a problem with cops shooting people for simply running away

                L This user is from outside of this forum
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                lepoisson@lemmy.world
                wrote on last edited by
                #25

                I definitely have a problem with that.

                L 1 Reply Last reply
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                • ohshit604@sh.itjust.worksO ohshit604@sh.itjust.works

                  cross-posted from: https://sh.itjust.works/post/44480641

                  Link to the original article, including the update

                  Link Preview Image
                  L This user is from outside of this forum
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                  lost_faith
                  wrote on last edited by lost_faith@lemmy.ca
                  #26

                  You break into a house, threaten the people inside, you get what you deserve. If they break your bones or end your life, THAT is the risk YOU take. Fuck this holding the VICTIM responsible. Not much I like from US law, but stand your ground and castle doctrine really ring true for me after being home invaded, robbed, and beaten by 3 invaders. What did the cops do? fuck all. Next fucker breaks intro my house will be dealing with trauma for the rest of their lives.

                  edit: Thank you to all who up AND down voted, and engaged in conversation, I appreciate it, and it was cathartic. I won’t be responding to any more of this post as I have said all I will on this. Remember to not get too mad at dissenting opinions and try to have a great day.

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                  • L lepoisson@lemmy.world

                    I definitely have a problem with that.

                    L This user is from outside of this forum
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                    leftytighty@slrpnk.net
                    wrote on last edited by
                    #27

                    fair, many of the people might, but the prevailing culture is one that doesn’t really value human life, especially criminals (even suspected ones).

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                    • L leftytighty@slrpnk.net

                      fair, many of the people might, but the prevailing culture is one that doesn’t really value human life, especially criminals (even suspected ones).

                      L This user is from outside of this forum
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                      lepoisson@lemmy.world
                      wrote on last edited by
                      #28

                      It definitely does feel like human life is not valued as much as it should be, can certainly agree there.

                      Especially here in the USA I get the feeling that we’re all just widgets in the grand machination of Capitalism destroying our world. I wish there was more we all could do but the people in power who could help seem intent to burn it all down at this point.

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                      • L lepoisson@lemmy.world

                        It definitely does feel like human life is not valued as much as it should be, can certainly agree there.

                        Especially here in the USA I get the feeling that we’re all just widgets in the grand machination of Capitalism destroying our world. I wish there was more we all could do but the people in power who could help seem intent to burn it all down at this point.

                        L This user is from outside of this forum
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                        leftytighty@slrpnk.net
                        wrote on last edited by
                        #29

                        Yeah and to be fair it’s not like Canada is much better, but in cases like this one I don’t find it ridiculous that the appropriate use of force is investigated.

                        I’m sure this person won’t ultimately end up in jail (the same people in arms over this would also be the first to point out how “lenient” our criminal justice system is…), and if the facts of the matter do show unnecessary force or cruelty (like stabbing an unconscious person) then I feel that it would be justified.

                        Anyway, I didn’t mean to paint you with a broad brush I know the average American I interact with is more like me than not, but I’m grateful for the slightly higher valuing of human life here

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                        • L lepoisson@lemmy.world

                          Damn as an American whose frame of reference is, “if someone breaks into my home in the middle of the night and I shoot them dead it’s likely going to be called justifiable - period” it’s wild to see this.

                          Like, I’m not saying it’s good that we basically have a mentality of “yo if someone comes into your house you can blast em” as a people … But it’s interesting how divergent the views are.

                          Captain AggravatedC This user is from outside of this forum
                          Captain AggravatedC This user is from outside of this forum
                          Captain Aggravated
                          wrote on last edited by
                          #30

                          I hear my back door kicked in at 3 in the morning, I put on my glasses and load my pistol. My bedroom door opens, there’s a man with a knife. I fire one round. That round pierces his heart and he dies on the spot. Justifiable force.

                          Instead, I fired two or three rounds in quick succession, because one round might miss or fail to stop him. Very likely justifiable force. Like any person wouldn’t pull the trigger a couple times in that scenario, right?

                          Instead, I fire one round. It hits him in the chest and does serious damage to one lung. He drops the knife, staggers into my living room and collapses. If I shoot him again to finish him in that state, that’s murder.

                          I recommend against breaking into houses on this continent.

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                          • L lepoisson@lemmy.world

                            Damn as an American whose frame of reference is, “if someone breaks into my home in the middle of the night and I shoot them dead it’s likely going to be called justifiable - period” it’s wild to see this.

                            Like, I’m not saying it’s good that we basically have a mentality of “yo if someone comes into your house you can blast em” as a people … But it’s interesting how divergent the views are.

                            C This user is from outside of this forum
                            C This user is from outside of this forum
                            canconda@lemmy.ca
                            wrote on last edited by canconda@lemmy.ca
                            #31

                            Yea in Canada we’d just prefer if nobody was shot dead. /s

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                            • S skozzii@lemmy.ca

                              I don’t care what the reason is, if you break into a home - the actual home, you deserve whatever you get, no restrictions.

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                              A This user is from outside of this forum
                              astralpath@lemmy.ca
                              wrote on last edited by
                              #32

                              I agree that they deserve what they get, but there needs to be some restriction to defense so that someone who has no intent on confrontation doesn’t get their fucking head blown off or smashed in.

                              You shouldn’t be able to just intentionally kill someone because they’re in your home, but if they don’t leave immediately, you should be able to royally fuck them up beyond belief until they decide to bail. If they’ve got a weapon and they don’t leave within 5 seconds of you catching them in the house, that’s a different story.

                              At that point it should be safe to argue that you were in mortal danger and exacted equal punishment to the invader that they intended to inflict on you. If they don’t leave immediately after being caught, they make a conscious choice to remain in the face of danger. The problem I see is that if someone carrying a weapon in your home is beaten and let go, there’s a chance they hold a grudge against you and come back to exact vengeance.

                              You shouldn’t have to move and abandon your home just because some fucking degenerate is butthurt about having their ass beat. If they leave without a fight, let them leave. If they stay while you’ve got a bat or a golf club in your hand, you should have full license to revoke their right to personal safety. This is just my opinion.

                              I love my wife more than anything and the thought of someone even threatening her by breaching into our home while she’s there would make it very difficult to remain sane in the moment. I think it would be foolish to treat that as anything other than a mortal threat.

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                              • Captain AggravatedC Captain Aggravated

                                I hear my back door kicked in at 3 in the morning, I put on my glasses and load my pistol. My bedroom door opens, there’s a man with a knife. I fire one round. That round pierces his heart and he dies on the spot. Justifiable force.

                                Instead, I fired two or three rounds in quick succession, because one round might miss or fail to stop him. Very likely justifiable force. Like any person wouldn’t pull the trigger a couple times in that scenario, right?

                                Instead, I fire one round. It hits him in the chest and does serious damage to one lung. He drops the knife, staggers into my living room and collapses. If I shoot him again to finish him in that state, that’s murder.

                                I recommend against breaking into houses on this continent.

                                C This user is from outside of this forum
                                C This user is from outside of this forum
                                canconda@lemmy.ca
                                wrote on last edited by
                                #33

                                If I shoot him again to finish him in that state, that’s murder.

                                That’s how our laws work to, just you’d need a license to have that gun. You can beat someone’s ass in self defense but if you lay the boots in after they’re out cold that’s its own crime.

                                Guarantee that’s the situation here. The fact that the RCMP are withholding details indicates they have a serious case against the guy.

                                Nik282000N 1 Reply Last reply
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                                • L leftytighty@slrpnk.net

                                  Yeah and to be fair it’s not like Canada is much better, but in cases like this one I don’t find it ridiculous that the appropriate use of force is investigated.

                                  I’m sure this person won’t ultimately end up in jail (the same people in arms over this would also be the first to point out how “lenient” our criminal justice system is…), and if the facts of the matter do show unnecessary force or cruelty (like stabbing an unconscious person) then I feel that it would be justified.

                                  Anyway, I didn’t mean to paint you with a broad brush I know the average American I interact with is more like me than not, but I’m grateful for the slightly higher valuing of human life here

                                  L This user is from outside of this forum
                                  L This user is from outside of this forum
                                  lepoisson@lemmy.world
                                  wrote on last edited by
                                  #34

                                  Hey, we elected Trump, I also think the average American blows hard. But I was born here and live here and can’t just up and leave in my current circumstances so I just try to do my best to get by.

                                  It’s a trying time right now around the world and we’re not making it easier for the average person.

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                                  • L lost_faith

                                    You break into a house, threaten the people inside, you get what you deserve. If they break your bones or end your life, THAT is the risk YOU take. Fuck this holding the VICTIM responsible. Not much I like from US law, but stand your ground and castle doctrine really ring true for me after being home invaded, robbed, and beaten by 3 invaders. What did the cops do? fuck all. Next fucker breaks intro my house will be dealing with trauma for the rest of their lives.

                                    edit: Thank you to all who up AND down voted, and engaged in conversation, I appreciate it, and it was cathartic. I won’t be responding to any more of this post as I have said all I will on this. Remember to not get too mad at dissenting opinions and try to have a great day.

                                    C This user is from outside of this forum
                                    C This user is from outside of this forum
                                    canconda@lemmy.ca
                                    wrote on last edited by
                                    #35

                                    I have been assaulted and defended myself multiple times in Canada. It’s not how you’re describing it where you have some duty of care for the person you’re actively defending yourself from. Your right to defend yourself logically does not include the right to counter-assault or murder others. Guarantee this guy could have stopped but didn’t. That’s 99% of the time what constitutes unreasonable force.

                                    Plenty of people hospitalize their assailants and don’t get charged. This story is rage-bait.

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                                    • D dermanus@lemmy.ca

                                      IMO an important fact is the intruder was charged with possessing a weapon for a dangerous purpose.

                                      That raises the threshold of reasonable force quite a bit in my eyes, including “life threatening injuries”

                                      Now he shouldn’t keep beating him when he’s down and out but I’m sympathetic to the invadee so far.

                                      That’s what judges are for, I’m curious how it comes out.

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                                      canconda@lemmy.ca
                                      wrote on last edited by
                                      #36

                                      Exactly. Canadian laws are design to incentivize de-escalating the level of violence. Unlike American laws which incentivize jumping straight to lethal force.

                                      Nik282000N 1 Reply Last reply
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                                      • ikidd@lemmy.worldI ikidd@lemmy.world

                                        Give homeowners the same benefit of the doubt cops get when they kill someone that threatens them. Probably more because they aren’t trained to deal with immediate threats and evaluate the options like a cop would.

                                        Asking some poor bastard whose never had an altercation and that’s scared of being killed or their family being harmed to evaluate a proportional response in seconds is pretty unrealistic. And then making them go through months of legal hassle and cost to prove that what they did in that moment was correct is cruel and unreasonable.

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                                        canconda@lemmy.ca
                                        wrote on last edited by canconda@lemmy.ca
                                        #37

                                        Give homeowners the same benefit of the doubt

                                        Plenty of people defend themselves without getting charged. Guarantee this guy could have stopped but didn’t. That’s 99% of what constitutes unreasonable force.

                                        Everyone who thinks he was automatically charged for fighting back and winning is misinformed.

                                        Canadians have a legal right to defend themselves. But logically that doesn’t grant you the right to counter-assault or murder others.

                                        The fact that the RCMP are not releasing any details indicates they have a real case against this guy. For all we know he punched him out than laid the boots on his unconscious body.

                                        ikidd@lemmy.worldI 1 Reply Last reply
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                                        • C canconda@lemmy.ca

                                          I have been assaulted and defended myself multiple times in Canada. It’s not how you’re describing it where you have some duty of care for the person you’re actively defending yourself from. Your right to defend yourself logically does not include the right to counter-assault or murder others. Guarantee this guy could have stopped but didn’t. That’s 99% of the time what constitutes unreasonable force.

                                          Plenty of people hospitalize their assailants and don’t get charged. This story is rage-bait.

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                                          lost_faith
                                          wrote on last edited by
                                          #38

                                          Yes, hindsight is 20/20. When you are calm you can realize you went too far. In the moment, you are more concerned with survival, the Adrenalin is flowing and if there is no way to escape ie; physically running is not an option, the fight gets overwhelming. Like I said, break into my house and I will defend myself, if it costs you the use of limbs, brain function, or life, that is a choice YOU made breaking into the house. When I was younger I tried the CORRECT thing, assault, loss of more than I could afford to lose as I liked eating at least enough to live, the cops were totally useless and did nothing, several times. Now I am at the stage of, get the thief to leave but there are very useful objects all over the house, can you say trauma???, and I will NOT be a fucking victim again.

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