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Gun charges dropped against self defender
National Post ^ | March 3, 2011 | Tamsin McMahon

Posted on 03/04/2011 2:35:06 AM PST by Squawk 8888

In a move that acknowledges the difficulty of prosecuting people who feel forced to act in self-defence, Crown attorneys have dropped two gun charges against an Ontario man who shot at masked intruders firebombing his home, saying they had no “reasonable prospect of conviction.”

The rules around self-defence in Canada are “complex,” prosecutors said, and courts have “repeatedly” established that victims can’t be expected to thoughtfully examine all consequences of using deadly force while under attack.

“Because each case is unique, with widely diverse and sometimes contradictory evidence, no broad policy statement is intended with respect to the use of firearms in the defence of one’s home,” the Crown brief says.

(Excerpt) Read more at nationalpost.com ...


TOPICS: Canada; Culture/Society
KEYWORDS: banglist

1 posted on 03/04/2011 2:35:08 AM PST by Squawk 8888
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To: Clive

(((.)))


2 posted on 03/04/2011 2:35:35 AM PST by Squawk 8888 (Will work for chocolate)
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To: Squawk 8888

I think it clear that if criminals are trying to burn down your house you can use deadly f0rce to stop them.


3 posted on 03/04/2011 4:02:45 AM PST by RalphC.
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To: Squawk 8888
Crown attorneys have dropped two gun charges against an Ontario man who shot at masked intruders firebombing his home, saying they had no “reasonable prospect of conviction.”

Well, isn't that generous of the Crown. (The real question is why would government authorities charge the homeowner in the first place.)

4 posted on 03/04/2011 4:09:58 AM PST by 6SJ7 (atlasShruggedInd = TRUE)
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To: Squawk 8888
“It seems in some sense to violate common sense, but self-defence is a morally ambiguous situation and therefore a legally ambiguous situation,” said Gary Mauser,”

Not in my mind it isn't.

5 posted on 03/04/2011 4:18:37 AM PST by bitterohiogunclinger (Proudly casting a heavy carbon footprint as I clean my guns ---)
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To: Squawk 8888; exg; Alberta's Child; albertabound; AntiKev; backhoe; Byron_the_Aussie; ...

-


6 posted on 03/04/2011 4:23:15 AM PST by Clive
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To: Squawk 8888
Police charged Mr. Thomson with four gun offences, but on Wednesday, Crown prosecutors withdrew the most serious charges of pointing and using a firearm.

He hailed the Crown’s decision to drop the charges as a victory, but said he is still determined to fight two remaining charges of careless storage of a firearm, which carry a maximum penalty of jail time.

Can you imagine the problems facing an American RV-er in this situation?

7 posted on 03/04/2011 4:41:53 AM PST by TYVets (Pure-Gas.org ..... ethanol free gasoline by state and city)
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To: Squawk 8888

I take it that to these Crown Prosecutors, “Fire Bombing” is merely an act of act of high-spirits and thus legally a minor fault. The home-owner/resident needed to exercise prudent care lest he damage their egos and self-esteem.

If this is legally ambiguous, then I suppose that Canadian “Tommies” will now have to use loudspeakers to read the entire Geneva Accords to the enemy before engaging in self-defense? There but for the Grace of God and our Founders is the fate of the United Colonies - shudder.


8 posted on 03/04/2011 4:51:22 AM PST by SES1066 (Thank you for your vote in November, now let us get to work!)
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To: Squawk 8888

“He hailed the Crown’s decision to drop the charges as a victory, but said he is still determined to fight two remaining charges of careless storage of a firearm, which carry a maximum penalty of jail time.”

_______________________________________________________________

Guess he should’ve stored his guns completely disassembled underneath his home’s foundation.


9 posted on 03/04/2011 4:51:48 AM PST by Free in Texas (Martin Luther King was a Republican and Karl Marx played the stock market...'nuff said.)
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To: Squawk 8888
... but self-defence is a morally ambiguous situation ...

NO
IT'S
NOT

10 posted on 03/04/2011 5:06:39 AM PST by NonValueAdded (Palin 2012: don't retreat, just restock [chg'd to comply w/ The Civility in Discourse Act of 2011])
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To: NonValueAdded
It's clear he didn't shoot enough people ~ some of them are still after him.

Canada really does need to clear up this problem they have with self-defense before they give it all away to the KREWS.

11 posted on 03/04/2011 5:22:27 AM PST by muawiyah (Make America Safe For Americans)
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To: Squawk 8888
...saying they had no “reasonable prospect of conviction.”

Should be "no reasonable cause for prosecution."

Is Canada a 'presumed guilty' country?

12 posted on 03/04/2011 5:28:35 AM PST by CPOSharky (After Monday and Tuesday, even the calendar says WTF.)
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