Victim charged for assulting theif

[89s1]

Originally posted by whiskas
The fact that the farmer used the flat end of the hatchet inside of burying it in the idiots head will definitely help his case though.

This.

This farmers lawyer will be sure to mention that he was demonstrating a real concern for the well being of the theif by not using the sharpened side of the head.

[mx73someday]

If it were a cop instead who smashed a fleeing suspect in the face with the blunt side of a hatchet I imagine it would be considered excessive.

I believe in self-defense and defending one's property, but this sounds excessive to me based on the details from the story. If the farmer had any reasonable explanation that supported self-defense I would be quick to change my mind.

The retributive punishment that so many members hope to dole out in these kinds of situations is disturbing, it's uncivilized and it doesn't accomplish anything.

[DayGlow]

what's uncivilized is people breaking into your property and taking your stuff. I'd say it's a hazard of the thief's chosen profession.

I hope the farmer gets off. By the sounds of it he's a victim of his own honesty. I'm sure he felt threatened at the time and reacted out of self defense :wink

[civic_stylez]

Originally posted by Kloubek


While you will probably find much agreement on this forum with that kind of viewpoint (and probably agreement with the majority of the Canadian public), the courts would disagree with you.

While the police are stuck picking up the intruder's bloody chicklets, and he's getting dental work, then YOU'RE sitting in a cell for assault. If you're cool with that, then swing away.



...as in, after being beaten to a bloody pulp, one conveniently places a knife in the hand of the intruder? Yeah - that would probably get someone off being charged I figure...

I definitely see the point you are making here. But if there was someone in my house, how am I to know that he is a petty crackhead burglar or a psycho serial killer. I might be a redneck or a bad tempered irish hillbilly but im not going to sit there and try and decipher that. I run on a shoot first, as questions later mentality. In no way do i think that is the best mentality to have but its like a police officer.. if some ass clown comes running at them reaching for something, they are trained to react accordingly. If my home is dark and there is someone in my house, i am going to assume the worst and react accordingly as well. If i have to sit in a cell for X amount of time and know that my family is safe because of what i did, i can live with that. If i get murdered and my wife gets raped/ murdered because i didnt react.. well you get the point.

[Kloubek]

Hey, I'm with ya man. If I ever find someone in my house I'm going to royally fuck them up.... weapon or no weapon. I too would rather ensure my safety and the safety of my property before I am "concerned" over his well being and any consequences I might face in protecting myself.

With that said, we both need to realize the potential charges that might be laid as a result. So for me anyway, that means I would likely think twice about using a deadly weapon... at least to the head region.

[HiTempguy1]

Originally posted by Kloubek

With that said, we both need to realize the potential charges that might be laid as a result. So for me anyway, that means I would likely think twice about using a deadly weapon... at least to the head region.

Ahhh, I see where you are going with this. Chop off his leg with the hatchet! He doesn't get away, everyone is safe, badabing badaboom!

[black13]

I hate stories like this because there never really is enough details to understand the situation. If the police is gonna release these reports they might as well release the statements from both side as well.

Who knows what happened, maybe the criminal showed some sign of attack and the farmer just reacted or if the farmer just got way too defensive and started to beat the criminal even though he was trying to hide.

[BigMass]

Castle doctrine
http://en.wikipedia.org/wiki/Castle_doctrine
designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his/her "castle"), and/or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.


I’m not a violent person but my home is my castle and it’s my last vestige of retreat. If someone breaks into my home I will automatically assume my life and the life of my family is at risk no questions asked. (and yeah of course Canada doesn't have this law but i agree with it)

[Kloubek]

Originally posted by HiTempguy1


Ahhh, I see where you are going with this. Chop off his leg with the hatchet! He doesn't get away, everyone is safe, badabing badaboom!

Chop OFF? Not likely. But believe me - if someone breaks into my home they are lucky to leave without blood pouring out of them.

But at least they can take comfort in knowing they probably won't die.

Unless they fight back.

[4lti]

Break into my house.
Get fucked up.
End of story.

Ill NEVER risk my families safety.
I dont have time to ask this guy what hes doing in my house. Hes already in my house illegally.

Its like a terrorist coming into Canada.
No ones gonna ask questions. This guys gonna get fucked up. As simple as that. I dont think anyones gonna wait to see if this guys got a bomb before the bust him.

Just because he was fleeing shouldnt mean hes free to go.
Canadas laws are so stupid when it comes to this shit.

[st184]

Originally posted by civic_stylez


I definitely see the point you are making here. But if there was someone in my house, how am I to know that he is a petty crackhead burglar or a psycho serial killer. I might be a redneck or a bad tempered irish hillbilly but im not going to sit there and try and decipher that. I run on a shoot first, as questions later mentality. In no way do i think that is the best mentality to have but its like a police officer.. if some ass clown comes running at them reaching for something, they are trained to react accordingly. If my home is dark and there is someone in my house, i am going to assume the worst and react accordingly as well. If i have to sit in a cell for X amount of time and know that my family is safe because of what i did, i can live with that. If i get murdered and my wife gets raped/ murdered because i didnt react.. well you get the point.

This x100, especially since you have just suffered personally from a break-in and understand how stressful it can be. The government needs to adopt the idea that "your home is your castle". Protecting criminals like this is just going to make breaking and entering a legitimate start to a life of crime for scumbags. Its easy to say that he was running away since he was stopped by and axe to the face but everyone is forgetting that he had friends out on the road. There were a total of three 20 year old (likely) males lurking around this property owner and his family. If he had not taken action and merely cowered in his house to wait for the cops that leaves him vulnerable for several minutes (hours) depending on how busy the RCMP is. We need to bring across to this scum that breaking into someones house can be a possibly fatal mistake, not that they will be protected by the government if anything happens to them physically. We live in a country that has such pussy namby pamby laws its absolutely infuriating. If i catch someone breaking into my house and I "assault" them ill take the charges and the dental bill. Why? Because its the right thing to do, regardless of how butt hurt the courts feel that one of their precious criminals needs some prosthetic teeth.

[Guillermo]

I'm amazed by how different the connotations are with the title of the thread, and the CBC headline, which was something like "RCMP investigates hatchet attack." If I hadn't read the article and this thread, I would think they are two completely different stories. It's kind of amazing how people with different perspectives can twist the same story.

[NuclearPizzaMan]

Originally posted by DayGlow
what's uncivilized is people breaking into your property and taking your stuff. I'd say it's a hazard of the thief's chosen profession.

I hope the farmer gets off. By the sounds of it he's a victim of his own honesty. I'm sure he felt threatened at the time and reacted out of self defense :wink

Why the wink? Who defines reasonable in these situations? Someone breaks into my home, I automatically assume that my life is in danger if I don't stop him. Anything less is foolish.

[cycosis]

Originally posted by mx73someday

The retributive punishment that so many members hope to dole out in these kinds of situations is disturbing, it's uncivilized and it doesn't accomplish anything.

I take it you have never had your property stolen or your property vandalized. Wait until it happens, and your opinion will change.

[AaronK]

I agree, he should be charged. 2 shots to the face with a blunt piece of steel is a bit much... Use your fists.

[D. Dub]

Originally posted by mx73someday

it's uncivilized and it doesn't accomplish anything.

Sure it does. It smashes a scumbag thief in the face with an ax

[Mitsu3000gt]

Welcome to Canada, where you are not allowed to defend your property without often facing severe consequences.

If you ever have to defend yourself with force, and you don't kill the intruder, you get sued and the thief will probably win.

If you kill the intruder, and there is evidence to suggest your life was in danger, you get no punishment.

How, though, does one know his life is in danger until it is too late? 99% of the time you don't. You don't know if that thief has a gun/knife in his coat or what. What makes sense, however, is for someone to assume their life is in danger if someone forces their way into my home. Not in Canada though - maybe he just wants a cup of tea!

So, IMO you're better off killing the SOB and claiming your life was in danger. You will probably receive far less punishment than if you attack the guy and he lives.

[syeve]

shoot, shovel and shut up.

[hrdkore]

sometimes i think it's better if you dont use the blunt side..you dont get any charges if you kill someone..self defense as well as taxpayers dont have to pay for disability.

[beyond_ban]

I don't know about you guys, but if i was in that farmers position the guy might have ended up worse. When someone fucks with my shit and i actually* get a chance to get some payback i go into beast mode.

* so many times shit has gotten stolen without ever knowing who has done it, imagine catching the fucker in the act?