So a BUM breaks into your house...

[picmerollin]

I am really really hoping that the fact she is a alone WOMAN in the house and a strange MAN came in the house makes the pan to the head moments count as "reasonable force"

if the bum was a tiny frail man and she is a luberjack of a lady i guess the court could pin her with excessive- but i doubt that is the case.


im rooting for the lady, and i hope my gal would do the same if given a similar situation.

[Legless_Marine2]

Originally posted by LadyLuck

How the hell does that work?

[/B]

Inevitable outcome given disproportionate response and lack of castle law.

It sucks.

[legendboy]

Frying pan excessive force?? I would have shot him!

She should go to the media on this one

[Wildcat]

She'll be ok, the law isn't as black and white as some of you guys are making it out to be. Unless it's judge dredd handing down the sentence this will get tossed.

[DayGlow]

Originally posted by badatusrnames


How do you determine the threat is gone though? I mean, if someone is in my home, I'm going to make damn sure they are incapacitated and can't get up to retaliate. It's better to err on the side of caution. Not to mention, when faced with that type of situation, instinct is to protect oneself at all cost, not to ensure that a reasonable modicum of force is used.

As far as her getting charged with assault:



Where did the common sense go on this one? What else was she supposed to do? Make him a cup of coffee and over it they can discuss how she will give him all of her valuables?

Media would love this one. I mean, poor little, single girl defends herself from a man who has made his way into her home and she is charged with assault? Normally she would be made to be a hero.

I fully agree. The threat is gone when they can't attack you. It would take an obvious massive beating to warrant charges.

Now in this instance because baddy is in a coma most likely the evidence was forwarded to the crown who the decided there was enough to charge. Shitty position all around

[LadyLuck]

She told me she cracked him twice out of pure instinct.
I know for a fact that if i was put into the same situation i would wail on them until they are down.

She called the cops once he was unconcious, which apparently took 2 blows. Shes not a big girl, shes talk and slim but can definatly hold her own.

She didnt touch him after that and waited for the CPS, but by the time they got there he was taking a nap and blowing blood bubbles.

[badatusrnames]

Originally posted by DayGlow


I fully agree. The threat is gone when they can't attack you. It would take an obvious massive beating to warrant charges.

Now in this instance because baddy is in a coma most likely the evidence was forwarded to the crown who the decided there was enough to charge. Shitty position all around

So basically, since he was hospitalized, there really is no choice but to follow due procedure and press charges?

[CausalInfluence]

Why didnt she call the cops, then confront him. Before you say "oh it was spur of the moment" negative I have been in a similar situation.

[badatusrnames]

Originally posted by CausalInfluence
Why didnt she call the cops, then confront him. Before you say "oh it was spur of the moment" negative I have been in a similar situation.

Huh? So what do you do then? A threatening man in your home a few feet away from you starts moving towards you, do you say "Please wait one moment sir while I phone the police."

No, you remove the threat as quickly as possible.

[gretz]

Originally posted by CausalInfluence
Why didnt she call the cops, then confront him. Before you say "oh it was spur of the moment" negative I have been in a similar situation.

why didn't she go to her panic room and release the hounds?
because thats not what happened.

different people react differently

[LadyLuck]

Originally posted by CausalInfluence
Why didnt she call the cops, then confront him. Before you say "oh it was spur of the moment" negative I have been in a similar situation.

So what did you do, tell them to wait while you call the cops?
By the time she saw him, he already saw her and i dont think there would have been any time to go find the phone and call the cops.

[bubbley]

She turns me on

is she available?

[zerocon]

Originally posted by CausalInfluence
Why didnt she call the cops, then confront him. Before you say "oh it was spur of the moment" negative I have been in a similar situation.

Similar in what sense? Being a woman equipped with nothing but a frying pan, alone in your daughters room, whilst a homeless person advances on you.... Do tell...

[Super_Geo]

Originally posted by LadyLuck
what if buddy doesnt wake up from the coma?

I dunno, hopefully he dies quickly and doesn't waste any more of my tax money.

And hopefully they don't press charges on her and drag this into court and waste more of my tax money.

[TKRIS]

Originally posted by CausalInfluence
Why didnt she call the cops, then confront him. Before you say "oh it was spur of the moment" negative I have been in a similar situation.

Bullshit.
If you knew there was an intruder in your house, yeah, sure, call the cops first thing, then go to check the situation out.

But you're not going to call the fucking cops everytime you hear a weird noise. Especially when you have a roomate. Gonna get the po-po over to the house everytime your roomate needs to take a drunken, after-bar shit?

Additionally, WTF good would it do? Aside from showing due dilligence, phoning the cops does nothing. By the time they get to my house, the guy will either be gone or one of us will be dead.
When seconds count, help is only minutes away.

Originally posted by Super_Geo
I dunno, hopefully he dies quickly and doesn't waste any more of my tax money.
And hopefully they don't press charges on her and drag this into court and waste more of my tax money.

I like the cut of your jib.

[Fivewayradio]

IIRC there was a case not too long ago where a couple dudes busted into another dude's house in order to rough him up and scare him. Something to do with someone's sister not getting enough pole. Anyway, the dude shot one of the invading dudes dead. Cops looked at charging him but didn't. Self defence. So if this guy can get away with killing a guy, then comatizing a bum with a frying pan shouldn't be much different.

The most important question I have though is did it actually go "kooOOOoonnngggg", when she brained him like in the movies?

[LadyLuck]

Originally posted by Fivewayradio
The most important question I have though is did it actually go "kooOOOoonnngggg", when she brained him like in the movies?

Considering the size of the frying pan, I am willing to bet money that it DID

[zieg]

Originally posted by LadyLuck
he approached her

That's all that needs to be said IMO. He made a move towards her. He was in her fucking house, I would call that a reasonable threat, and since she acted in self defense to incapacitate him (it's not like she knocked him out and then hit him 3 more times, right?) there should be no grounds for that charge.

[urban.one]

There was a story not too long ago where 2 dude broke into the house of one of the guys sisters exboyfriends.

The ex stabbed them both, 1 died, the other survived. The only one to get charged was the intruder who survived the stabbing.

Get a lawyer. The other thing Id say is get this story out to the media. Bum or not, this is a home invasion. People should be aware of this.

Ill add that Im somewhat surprised that she got charged under the circumstances you are describing.

edit: heres the story

Attacker dies in botched home invasion east of Calgary
Last Updated: Thursday, January 3, 2008 | 6:15 PM MT
CBC News
A violent home invasion east of Calgary ended with one of the attackers dead and a second suffering serious stab wounds early Thursday morning.

Two men broke into a rural home near Langdon, Alta., about 40 kilometres east of Calgary, around 3:30 a.m. and attacked a sleeping couple, said the RCMP.

Two men broke into this rural home near Langdon and attacked a sleeping couple, say police.
(CBC) There was a confrontation in the bedroom where the male resident fought off the invaders, one of whom died at the scene. Police said the dead suspect is Lance Norton, 32, but are not releasing his cause of death pending an autopsy.

"It is a homicide. He didn't die accidentally. Whether it's a murder investigation is not yet clear," said Cpl. Patty Neely of the Strathmore RCMP.

"The Criminal Code authorizes people to use as much force as necessary to protect themselves and their property," she said. "However, that force must be the minimum amount necessary."

The second suspect, aged 27, suffered serious stab wounds and fled the home. He later showed up at a local hospital and was transported to Calgary, where he is listed in stable condition.

The male resident, 35, was slightly injured in the incident and was taken to hospital as well. His girlfriend, a 24-year-old woman, was not hurt. Police said the couple rented the home on the rural property.

The people in the house and the attackers all knew each other, said police, but the motive for the home invasion is still unknown.

"We have no ties to criminal activity at all at this point," Neely said. "At this point we have no connection to gangs or drugs that we've determined."

[Wildcat]

Even if this guy dies nothing will come of it, community service as a worst case scenario. The law as written is unthinking, but as a reasonable people we interpret it as circumstances would allow. I can't see a judge and jury committing a single mother to a 10yr term for this...