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Another great trial issue. 
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"I have never killed a man, but I have read many obituaries with great pleasure." - Clarence Darrow
"I didn't attend the funeral, but I sent a nice letter saying I approved of it." - Mark Twain -
He was drunk ... (where's the intent?)Originally posted by Wezil
Intent is clear.I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator RubioComment
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I'm not sure of your point or what you are referencing.Originally posted by cronos_qc
@Wezil
You're sure, where I work, we have force many people to stay in a small room. (around 10-15 peoples)
And we have never been sued."I have never killed a man, but I have read many obituaries with great pleasure." - Clarence Darrow
"I didn't attend the funeral, but I sent a nice letter saying I approved of it." - Mark TwainComment
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@Sorry Wezil, it was to FlubberblehComment
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Thats where we disagree-- Prosecutors should not bring clearly losing cases to trial . .. its a waste of time and resources. I agree we don't have all the facts but the prosecutors will-- and most of those facts will be from the homeowner and his wife. No other witnesses and in the guy's home? Sounds like a sure loser to me.Originally posted by Wezil
We actually agree on this. The amount of the leeway when presented with the facts of the case (not just newspaper accounts and spitting in the wind as we do here) will allow the judge/jury to decide. This is why I think it is a trial issue.You don't get to 300 losses without being a pretty exceptional goaltender.-- Ben Kenobi speaking of Roberto LuongoComment
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You're sure? where I work, we have forced many people to stay in a small room. (around 10-15 peoples) They stay in the room, until the police came to arrest the thief.Actually in Canada you don't really have much right to use force to DETAIN the intruder.
And we have never been sued .blehComment
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Duh?Originally posted by DinoDoc
Illegally entering a house without the permission of anyone doesn't provide clear intent to trespass? Would it have been different if he had smashed a window to get access in a drunken stupor?"The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
Ben Kenobi: "That means I'm doing something right. "Comment
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Are you implying b/c he was drunk he could not form the requisite intent? The law disagrees.Originally posted by DinoDoc
He was drunk ... (where's the intent?)
My point on referencing his drunken state was that he entered an unlocked house by accident and from the sounds of it did not intend to be where he was (he wanted the house next door). He did not intend to trespass. If he kicked the door in (or smashed a window) he obviously intended to enter somewhere he should not have been."I have never killed a man, but I have read many obituaries with great pleasure." - Clarence Darrow
"I didn't attend the funeral, but I sent a nice letter saying I approved of it." - Mark TwainComment
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@ Flubber,
Really? Still better than in Britain. Illegal to do anything to tresspassers over here, which is bull****...
Though point taken. It would depend on the direction that the intruder fled.You just wasted six ... no, seven ... seconds of your life reading this sentence.Comment
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Originally posted by cronos_qc
@Sorry Wezil, it was to Flubber
Positive-- If someone breaks into my home there is no defence for my assault on them other than self defence which can include defence of another. If they choose to walk away there is nothing in the code that would protect me
This is unlike say texas where there are multiple justifications for using force including protection of property and prevention of the commissiion of a crime and a few others I forget.You don't get to 300 losses without being a pretty exceptional goaltender.-- Ben Kenobi speaking of Roberto LuongoComment
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What if the intruder had a possesion of yours in their hands, ie were stealing?You just wasted six ... no, seven ... seconds of your life reading this sentence.Comment
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We still agree. I do defence work and see charges that should not proceed all too often.Originally posted by Flubber
Thats where we disagree-- Prosecutors should not bring clearly losing cases to trial . .. its a waste of time and resources. I agree we don't have all the facts but the prosecutors will-- and most of those facts will be from the homeowner and his wife. No other witnesses and in the guy's home? Sounds like a sure loser to me.
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."I have never killed a man, but I have read many obituaries with great pleasure." - Clarence Darrow
"I didn't attend the funeral, but I sent a nice letter saying I approved of it." - Mark TwainComment
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yes really-- I'm not a crim lawyer but in Crim 1 way back when, we covered this stuff. Our prof was a jaded prosecutor who would make comments like " so if you shoot the intruder, make sure you say they were threatening you"Originally posted by Krill
@ Flubber,
Really? Still better than in Britain. Illegal to do anything to tresspassers over here, which is bull****...
Though point taken. It would depend on the direction that the intruder fled.You don't get to 300 losses without being a pretty exceptional goaltender.-- Ben Kenobi speaking of Roberto LuongoComment
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Originally posted by Krill
What if the intruder had a possesion of yours in their hands, ie were stealing?
tough-- imagine I has a gun and he had my stereo -- I could not lawfully shoot him to prevent the theft.
Protection of property is not a defence here (unless they changed this radically since I took crim )You don't get to 300 losses without being a pretty exceptional goaltender.-- Ben Kenobi speaking of Roberto LuongoComment
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...and hope they don't hurt themselves on your poorly maintained property. This was the part that always bugged me.
"I have never killed a man, but I have read many obituaries with great pleasure." - Clarence Darrow
"I didn't attend the funeral, but I sent a nice letter saying I approved of it." - Mark TwainComment
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