Originally posted by Wezil
We still agree. I do defence work and see charges that should not proceed all too often.
Again, we don't have all the facts but I can see a case here based upon what we do know. If there isn't a reasonable prospect of securing a conviction then yes, I would expect the prosecutor to withdraw the charge.
We still agree. I do defence work and see charges that should not proceed all too often.
Again, we don't have all the facts but I can see a case here based upon what we do know. If there isn't a reasonable prospect of securing a conviction then yes, I would expect the prosecutor to withdraw the charge.
On the merits I believe we have a different view of the facts -- I see someone surprised in their own home who reasonably perceived a threat and used physical force to defuse the threat. I am still not certain ( don't have enough facts) to asseess the beating but if it was of short duration I would accept it as reasonable even if injuries were severe. I just imagine myself in that situation.
If I think I hear something but am not sure enough to call the police, I would likely grab something and investigate. If someone popped out at me they might get a cracked skull or a wrecked knee but I am NOT taking time to investigate. If they get hurt -- tough sh*t
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