Ontario man faces charges after allegedly assaulting home intruder: police

[richaceg]

Ontario man faces charges after allegedly assaulting home intruder: police | Globalnews.ca

An Ontario homeowner is facing assault charges after a break-in led to a violent confrontation, leaving the intruder with life-threatening injuries.

globalnews.ca

I wonder if intruder gets to sue for pain and suffering...

 

[Butler1000]

I absolutely believe in the right of self defense, and to protect your home.

But I'm going to wait a bit and see if details are released. If the homeowner, after the guy gave up, or was down, went and got a weapon AFTER to continue the beat down then he went too far.

Details matter I think here.

 

[tool_man05]

Did the intruder get charged with anything?

 

[JeanGary Diablo]

I absolutely believe in the right of self defense, and to protect your home.

But I'm going to wait a bit and see if details are released. If the homeowner, after the guy gave up, or was down, went and got a weapon AFTER to continue the beat down then he went too far.

Details matter I think here.

Exactly this.

I am reminded of the case in Peterborough last year where a clerk at a corner store was charged with aggravated assault after he was held up by a guy with a baseball bat.

The two had a struggle and the perp dropped his bat --- and as soon as he was unarmed, the perp turned and ran outside into the street, but the clerk chased after him and gave him a severe beating.

I totally understand that adrenaline is pumping in situations like this, but it's not self-defence when you chase after someone who is no longer a threat and beat them up.

 

[Twister]

The intruder is already a criminal: "The alleged intruder, a 41-year-old Lindsay man, was already wanted by police at the time of the incident and is facing additional charges of possession of a weapon for a dangerous purpose, break, enter and theft, mischief under $5,000 and failure to comply with probation. "

I'm likely to side with the homeowner, unless he tortured him or something crazy. The cops said the response should be proportional, but when someone is breaking in your home with maybe children and family to defend easy to say, be proportional.

 

[silentkisser]

We don't have the Castle Doctrine or Stand Your Ground laws in Canada. What this means is, you are allowed to defend yourself, but with "reasonable force," which is subjective and ultimately will be based on how a jury feels. It's almost for sure that you will be arrested if you beat an intruder seriously. But, the Crown could decide to drop the charges if they felt there a conviction was unlikely. Canadian law basically says that property can be replaced, but life is precious. It would rather see your new car get stolen than you kill the thief.

And....to be honest, I don't disagree. I mean, if someone came into my home and threatened my family, I'm going to fight to defend them. If they just grab the car keys, I'm not going to grab my rifle and blow them away.

 

[richaceg]

The problem is there are reported break ins by organized groups... so sure, you might have the upperhand and let him go but now that the intruder knows there is one guy so next time it might take 3 guys to overpower him...i wouldn't want to kill someone over property...but maybe a broken knee cap would deter him for next time.

 

[Indiana]

More details are needed.
There’s a limit.

 

[Y_Diner]

In general, it seems like most People are getting fed up and taking things into their own hands.
If laws don’t change soon that support victims, and not the criminals, expect more acts of vigilantism. A stranger in your home late at night, all you see him or her is as threat to the safety of your family, and yourself.
Criminals will be forced to learn their lesson from a pissed off unsuspecting person trying to save their family and home when the criminal wakes up in a hospital and realizes they physically are not the same for the worse.

 

[Phil C. McNasty]

It will be hilarious if the burglar sues the homeowner.............AND WINS!!!

 

[Y_Diner]

The only thing that can make a criminal seriously consider breaking into your home is the potential that they may be killed for doing so. Every criminal already knows that homeowners are apprehensive to use excessive force because they will be legally responsible. Until death is a possibility it is literally a free for all with minimal repercussions. This needs to change immediately or it will just get worse. Enough is enough already....

If not them facing death, perhaps loss of a limb, a sense, or having to eat from a straw for the rest of their days.
0 sympathy for someone that attacks my family or is uninvited in home.

 

[Phil C. McNasty]

Did the intruder get charged with anything?

He did. Got charged with breaking and entering, mischief, and theft.
He was also wanted for previous criminal charges prior to this

 

[Phil C. McNasty]

The victim in this case had to be airlifted to a Toronto hospital for his injuries.

So clearly the homeowner beat the pulp out of this guy.

They don't just airlift people for a broken nose, or a few broken ribs

 

[Jubee]

It will be hilarious if the burglar sues the homeowner.............AND WINS!!!

That's on my BINGO card, waiting for that one.

 

[Butler1000]

Realistically speaking there is only a very small percentage of the population that would genuinely want to actually kill an intruder, so it makes no sense that you're not entitled to use any and all forces within your personal discretion if you find you and your family in a situation like this. Nothing short of that is acceptable.

The charged was AGGRAVATED assault and assault with a weapon. They only use that when it's beyond the norm. Add in the aforementioned airlift and life threatening injuries and it looks indeed like the home owner went too far.

These B+E guys are usually cowards. The owner could have cowed him, chased him off, or even taken out a knee with a bat and not got charged. Life threatening injuries probably means multiple head shots or a body beating so bad internal organs are damaged.

The burglar is paying a price. But normal responsible people have a duty to try to stay that way.

 

[Jenesis]

The charged was AGGRAVATED assault and assault with a weapon. They only use that when it's beyond the norm. Add in the aforementioned airlift and life threatening injuries and it looks indeed like the home owner went too far.

These B+E guys are usually cowards. The owner could have cowed him, chased him off, or even taken out a knee with a bat and not got charged. Life threatening injuries probably means multiple head shots or a body beating so bad internal organs are damaged.

The burglar is paying a price. But normal responsible people have a duty to try to stay that way.

This.

You have the right to defend yourself with equal force and as soon as the force is minimal, the defence needs to be. And as soon as he tries to flee, you need to stop.

So if yelling would have worked to get the burglar out, and you beat the shit out of him instead - you are wrong.

I get the emotions involved. You are pissed off someone had the nerve to do this. You feel no empathy for them because they are a low life but this is not about emotion.

 

[Butler1000]

This.

You have the right to defend yourself with equal force and as soon as the force is minimal, the defence needs to be. And as soon as he tries to flee, you need to stop.

So if yelling would have worked to get the burglar out, and you beat the shit out of him instead - you are wrong.

I get the emotions involved. You are pissed off someone had the nerve to do this. You feel no empathy for them because they are a low life but this is not about emotion.

Honestly I'm not sure how I would react either. Especially if I had family in the house or if the perp came at me. I tend to be cool headed in a crisis but have popped off on occasion when I felt threatened or was in a situation where someone's negligence could have harmed me.

Never with overt violence(a few shoves, I have put a few up against the wall to make a point) but pretty close a few times. Point being I did stop.

 

[Phil C. McNasty]

The charged was AGGRAVATED assault and assault with a weapon. They only use that when it's beyond the norm. Add in the aforementioned airlift and life threatening injuries and it looks indeed like the home owner went too far.

These B+E guys are usually cowards. The owner could have cowed him, chased him off, or even taken out a knee with a bat and not got charged. Life threatening injuries probably means multiple head shots or a body beating so bad internal organs are damaged.

The burglar is paying a price. But normal responsible people have a duty to try to stay that way

I agree with you, but when the adrenaline starts pumping it becomes harder for people to control themselves, especially when they're defending their home.

Add to that, we don't know how hard the burglar was fighting back.
Maybe he didn't go down with just one or two punches

 

[Butler1000]

You're making a lot of assumptions about the confrontation that took place and asking a citizen to wake up out of a dead sleep to find their life threatened with a weapon and then expecting them to administer a 'measured and reasonable physical response' is beyond unrealistic. For all we know the home owner hit him with a stick at the top of a staircase and his injuries were endured by rolling down the staircase. Regardless the laws in this country are written at the detriment of the victim. I applaud the homeowner and the more this happens the closer we get to the change required to allow you to protect yourself on your own terms. This wasn't a street fight, it was an armed attack in the sanctity of ones home in the middle of the night.

We shall see how it plays out in court. I will trust the justice system and a jury to sort it out

 

[Butler1000]

So you find an armed intruder hovering over your newborns crib with a knife in his hand and your approach is to 'give him a few shoves'? Like 'get out of here you pesky armed intruder'?

Um, no, he is dead. And the cops wouldn't charge then either as its defending a kids life. I was speaking about a few times when someone tried to get fresh with my SO. An incident with a car driver when I was on my bike, and he was in the wrong. A few bar incidents with drunks.

In this case we don't know all the details. And probably won't until if/when trial comes up. Thats why I said I will trust a jury.