What is the Canadian law for home defense? details included.?
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What is the Canadian law for home defense? details included.?
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Lets have a little bit of a scenario, here:
It's the middle of the night, and you hear a crashing sound in your living room. You get up to find an intruder in your house - be it a thief or a murderer.
You see that you've never seen this man before, and assume he is going to do harm to you or your family (as you would in such a situation). he spots you and you attack and - for scenario's sake -, say, you kill him.
What would the possible punishment be for you?
I'm not asking this because I intend on harming anyone, or because I've been through this. I'm simply curious.
Any information much appreciated,
Thanks,
David.
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quizzard123
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According to the criminal code, a person may use reasonable force to defend themselves or others. NOT property.
So if you can show that you had reasonable cause to believe he would harm you, you can defend yourself. The extent of that defence depends entirely on the situation.
It's a very grey area. If you could reasonably avoid him, any 'attack' might be seen as excessive. If you fail to warn him, ditto. Simply shooting him from hiding will almost certainly result in charges. But grappling with him so that he falls down stairs and strikes his head? That would probably be defensible.
Are you trained in martial arts? Then even a physical self defence must be reasoned and controlled.
Your first line of attack is avoidance, but frankly as I've told my martial arts instructors more than once, in that situation, I'm going to hit hard and fast, and worry about charges later. |
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