Discreet Dolls

Milton Man, 22, charged with murder after fatally shooting suspect who tried to rob his house, lawyer says

mandrill

monkey
Aug 23, 2001
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If someone breaks into your home with the intent to murder you, by not killing them, they can come back better prepared to be successful another time.

A planned armed break and enter is not a "mistake" and it's not to be taken lightly.
You still can't shoot people in the back. It's not me saying that. It's the law.
 
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danmand

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Nov 28, 2003
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Then the cops had something to go on. I'm surprised they didn't do anything besides giving bad advice.
The police was very clear that they had no chance of catching the two perpetrators, and that they could do nothing to protect the victim.
Hence the advice to drop the lawsuit (against somebody from Hamilton).

I was shocked to hear it. Did not expect Canada to be like that.
 
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squeezer

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Jan 8, 2010
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The police was very clear that they had no chance of catching the two perpetrators, and that they could do nothing to protect the victim.
Hence the advice to drop the lawsuit (against somebody from Hamilton).

I was shocked to hear it. Did not expect Canada to be like that.
Sounds like they were protecting somebody from Hamilton.
 

danmand

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anonemouse

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Aug 23, 2002
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We have preliminary hearings my bad. Grade 11 law was a long time ago. Cops investigate but its the crown attorneys who determine whether there is sufficient evidence to lay charges.
Also not true. Cops arrest, charge and send to court. Crown attorneys prosecute or withdraw the charges at that point, they don't approve laying of charges in the first place.

Source: former neighbour was a prosecutor in Scarborough, liked Coors light and had a lot of very interesting stories.
 

HotDogger

Well-known member
Feb 21, 2023
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If someone breaks into your home with the intent to murder you, by not killing them, they can come back better prepared to be successful another time.

A planned armed break and enter is not a "mistake" and it's not to be taken lightly.
Better to be judged by 12 jurors than carried in a box by 6 people.

A law professor once told me that, in Canada, you are better off killing the burgler than wounding them. That way he can’t defend himself in court. Now all you have to do is prove is that “retreating to safety” wasn’t possible. Easier to prove when there aren’t witnesses to say otherwise.
 

danmand

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Better to be judged by 12 jurors than carried in a box by 6 people.

A law professor once told me that, in Canada, you are better off killing the burgler than wounding them. That way he can’t defend himself in court. Now all you have to do is prove is that “retreating to safety” wasn’t possible. Easier to prove when there aren’t witnesses to say otherwise.
That is why you use a shot gun.
 

K Douglas

Half Man Half Amazing
Jan 5, 2005
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Room 112
Also not true. Cops arrest, charge and send to court. Crown attorneys prosecute or withdraw the charges at that point, they don't approve laying of charges in the first place.

Source: former neighbour was a prosecutor in Scarborough, liked Coors light and had a lot of very interesting stories.
I think he must have had a few too many Coors light's when he fed you that baloney.
Law 100
The police consider if there is enough evidence of a crime for them to recommend the person be charged. If so, the police send a report and witness statements to the prosecutor's office (called Crown counsel). The prosecutor reviews the material and decides whether to approve (or lay) charges against the person.
 

roadhog

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Aug 8, 2005
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On the highway of life

anonemouse

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I think he must have had a few too many Coors light's when he fed you that baloney.
Law 100
The police consider if there is enough evidence of a crime for them to recommend the person be charged. If so, the police send a report and witness statements to the prosecutor's office (called Crown counsel). The prosecutor reviews the material and decides whether to approve (or lay) charges against the person.
Your unsourced quote means nothing, and is wrong. Maybe try a textbook from this century.

When someone gets arrested for a theft and go to court the next day you're telling me that the cops have a prosecutor at their station that rubber stamps charging them?

Face it, you made shit up. You got caught out with it. Accept the L and move on. If you're nice, I'll tell you about the love triangle at the scarborough courts that ended up in a fist fight at a restaurant!
 
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Darts

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Jan 15, 2017
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How Cops Lay Charges

Just took 2 minutes with Google here boys.

The Crown Attorney isn’t at the police station; they are at the courthouse.
"The police may lay a charge if they believe a person has committed a crime. When police lay a charge they complete an information package describing all evidence and deliver it to the Crown attorney. The accused person or his or her lawyer also receives a copy of the package. The court recieves a list of charges against the accused person from police."

That charge was laid really quickly. How complete an investigation was it? Hopefully, it is not lay the charge and let the courts sort it out.
 

buttercup

Active member
Feb 28, 2005
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Given that the 22-yo Milton man did actually kill the intruder, obviously he must be charged with, and convicted of, 2nd degree murder (i.e at the moment he pulled the trigger, he intended to kill the intruder -- but it was not premeditated.)
Except that The Criminal Code of Canada says:
Section 34 – Self Defence
34. (1) A person is not guilty of an offence if
(a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;

So, if the police do indeed fully accept that it was self-defence, it is proper for the police or prosecutors not to lay the charges. However, if the police have even a slight doubt that the self-defence is dodgy, they should press the charge of murder-2 (which is already admitted, in this case) and let the court decide on whether or not the self-defence removes the guilt.
 

K Douglas

Half Man Half Amazing
Jan 5, 2005
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Your unsourced quote means nothing, and is wrong. Maybe try a textbook from this century.

When someone gets arrested for a theft and go to court the next day you're telling me that the cops have a prosecutor at their station that rubber stamps charging them?

Face it, you made shit up. You got caught out with it. Accept the L and move on. If you're nice, I'll tell you about the love triangle at the scarborough courts that ended up in a fist fight at a restaurant!
Dude I didn't make anything up. Think about it for a second. The police are not lawyers. They cannot determine whether a killing is 1st degree murder, 2nd degree murder, manslaughter (voluntary or involuntary), criminal negligence causing death or no charges (as in the case of self defense). But yes I admit I was wrong they can lay charges without a prosecutorial review. But it is the prosecutor that ultimately determines whether that person is officially charged in a court of law.
 

tastingyou

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Dec 5, 2014
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You still can't shoot people in the back. It's not me saying that. It's the law.
I think that I would rather take my chances with the courts if they charge me rather than worry about someone [ and several others ] who broke into my house with a gun, even if their back is turned at that moment.
 

Darts

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Jan 15, 2017
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Why the rush?

In the McDonald shooting case I think it took the Crown 5 months (more or less) not to charge.

In the Alex Baldwin case it took the police/prosecutor forever to lay a charge.
 

danmand

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Nov 28, 2003
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I think that I would rather take my chances with the courts if they charge me rather than worry about someone [ and several others ] who broke into my house with a gun, even if their back is turned at that moment.
Nah, don,t shoot somebody in the back.
 
Ashley Madison
Toronto Escorts