Self Defence in Canada (split from Gun Control 2.0)

[RangerRay]

If someone shot my kid, I could see me reacting the exact same way.

If I got emotional enough, I could do a lot of things that are illegal. If the same thing happened to me, I might do the same thing. I don’t know. Does that mean I should avoid jail because I lost my shit?

 

[suffolkowner]

If I got emotional enough, I could do a lot of things that are illegal. If the same thing happened to me, I might do the same thing. I don’t know. Does that mean I should avoid jail because I lost my shit?

In these cases i am prepared to give a large benefit of doubt to the person that is being attacked. If you dont want to be punched back, dont punch someone first.

What is the purpose of the justice system? What is it trying to accomplish?
Am I less likely to shoot an intruder because some other individual got sentenced for doing so?

 

[Halifax Tar]

If I got emotional enough, I could do a lot of things that are illegal. If the same thing happened to me, I might do the same thing. I don’t know. Does that mean I should avoid jail because I lost my shit?

Honest question, are you parent ?

I fail understand how someone could not have emotional response to your house being broken into and your child/kid shot.

That means the Justice system should remember who exactly the offers are and prosecute then, and not the victims.

Taking the initiative and taking the fight to your attacker doesn't change the roles. The victim is still the victim.

 

[RangerRay]

In these cases i am prepared to give a large benefit of doubt to the person that is being attacked. If you dont want to be punched back, dont punch someone first.

What is the purpose of the justice system? What is it trying to accomplish?
Am I less likely to shoot an intruder because some other individual got sentenced for doing so?

Normally, so am I. But someone who presumably never held a handgun before blasting at a fleeing car in the dark in what I assume is a residential area doesn’t help. Neither does obstructing the investigation. The law will take a dim view on that. And there were factors that warranted the light sentence handed down by the lower court and upheld by the appeals court

 

[RangerRay]

Honest question, are you parent ?

I fail understand how someone could not have emotional response to your house being broken into and your child/kid shot.

That means the Justice system should remember who exactly the offers are and prosecute then, and not the victims.

Taking the initiative and taking the fight to your attacker doesn't change the roles. The victim is still the victim.

Not that it matters, but I am. I run through these scenarios all the time and there are some things I would willingly go to jail for.

It doesn’t matter what I think. It matters what the law thinks. He took the fight to his attackers in his home after his son (child? adult?) was shot and the law said that was appropriate. It’s when he took the fight outside the home after the immediate threat ended is where he got in trouble. Lying to the cops afterwards didn’t help.

Again, he got a lighter sentence for mitigating/aggravating factors. The Crown was dumb appealing this.

 

[mariomike]

Does that mean I should avoid jail because I lost my shit?

Not a legal expert, but " in the heat of the moment " and " temporary insanity " come to mind.

After discovering Key was having an affair with his wife. His defense team successfully used a "temporary insanity" plea for the first time in U.S. history, arguing an uncontrollable frenzy.

On the other hand, after enough time had passed to cool down a bit, and plotting cold-blooded revenge, perhaps the courts would take a less sympathetic view? < dunno emoji

 

[suffolkowner]

Normally, so am I. But someone who presumably never held a handgun before blasting at a fleeing car in the dark in what I assume is a residential area doesn’t help. Neither does obstructing the investigation. The law will take a dim view on that. And there were factors that warranted the light sentence handed down by the lower court and upheld by the appeals court

is 3 shots blasting away? I didnt read that the car was fleeing yet when he shot. I am curious where the shots landed
Hard to believe that an individual that has just suffered a horrific attack, when confronted by our protectors may have succumbed to the pressure and felt the need to protect himself.
I think its bad that he felt that need.
I think its bad that it proved to be prescient

 

[Jarnhamar]

Under certain circumstances police can shoot a fleeing suspect right in the back.

As a nobody on the internet I'm morally fine with home owners blasting thieves. Reduces the chances said thieves will physically hurt someone in the future.

Legally the home owner here doesn't seem to have the grounds to shoot at them.

 

[RangerRay]

is 3 shots blasting away?

I don’t know a lot about that part of Ontario, but I think Whitby is a suburban community near Toronto? Without other information, I assume that this is a suburban residential area. If those three rounds hit my house while I was sleeping, I would consider that “blasting away”.

I didnt read that the car was fleeing yet when he shot. I am curious where the shots landed
Hard to believe that an individual that has just suffered a horrific attack, when confronted by our protectors may have succumbed to the pressure and felt the need to protect himself.
I think its bad that he felt that need.
I think its bad that it proved to be prescient

The fact he lied showed he thought there was legal jeopardy to his actions. If he was aware that his actions could get him in trouble, he should have clammed up and spoke to legal counsel.

If in a blind rage you murder the pedo that molested your kid, you’re probably going to jail no matter what. If you keep quiet, don’t obstruct the investigation and speak to police only with legal counsel, that time you spend in jail may be less.

 

[suffolkowner]

I don’t know a lot about that part of Ontario, but I think Whitby is a suburban community near Toronto? Without other information, I assume that this is a suburban residential area. If those three rounds hit my house while I was sleeping, I would consider that “blasting away”.



The fact he lied showed he thought there was legal jeopardy to his actions. If he was aware that his actions could get him in trouble, he should have clammed up and spoke to legal counsel.

If in a blind rage you murder the pedo that molested your kid, you’re probably going to jail no matter what. If you keep quiet, don’t obstruct the investigation and speak to police only with legal counsel, that time you spend in jail may be less.

yes speaking to the police when there is even a possibility of charges against you is a mistake

 

[mariomike]

If I got emotional enough, I could do a lot of things that are illegal.

Intoxication and temporary insanity,

Intoxication and settled insanity: a finding of not guilty by reason of insanity

https://pubmed.ncbi.nlm.nih.gov/17592162/

Not to suggest trying it at home.

Or, anywhere, for that matter.

yes speaking to the police when there is even a possibility of charges against you is a mistake

I believe the alleged perp has to say, "I do not answer questions without my lawyer present." Then STFU

 

[lenaitch]

Intoxication and temporary insanity,

Both are, legally, very high bars if you intend to use them as a defence.

I don’t know a lot about that part of Ontario, but I think Whitby is a suburban community near Toronto? Without other information, I assume that this is a suburban residential area. If those three rounds hit my house while I was sleeping, I would consider that “blasting away”.

I wonder people would feel if one of those rounds wounded or killed a neighbour or passer-by. I doubt even some of US 'stand your ground' laws extend to using deadly force when the threat is retreating.

 

[mariomike]

Both are, legally, very high bars if you intend to use them as a defence.

Temporary intoxication sounds like a pretty week defense.

Settled insanity is defined as a permanent or "settled" condition caused by long-term substance abuse and differs from the temporary state of intoxication.

 

[KevinB]

I wonder people would feel if one of those rounds wounded or killed a neighbour or passer-by.

Depends on the neighbor

I doubt even some of US 'stand your ground' laws extend to using deadly force when the threat is retreating.

Most Castle Law states allow for it as long as they are still on your property.

 

[mariomike]

Depends on the neighbor



Most Castle Law states allow for it as long as they are still on your property.

"Get off my lawn."