Law Enforcement - The Good, The Bad, The Ugly..... | Page 358 | GTAMotorcycle.com

Law Enforcement - The Good, The Bad, The Ugly.....

Who was in the wrong?

  • Cop

    Votes: 23 20.7%
  • Dude who got shot

    Votes: 33 29.7%
  • I like turtles

    Votes: 55 49.5%

  • Total voters
    111
Rob, I think you're convoluting the "weapons" part with the assault part.
It is obvious you don't consider what happened as an assault. OK, you do you.
BUT if there WAS an assault, the water pistol was/is a weapon; according to CCC... as it is written
If there was no assault, the lady had no intent: the water pistol IS not a weapon.
If there was an assault, the water pistol becomes a weapon, by virtue of the assault... and nothing else. The assault MADE it a weapon, it's not a weapon till it's used in an assault.... then it can go back to being a squirt gun after the assault.

Does that help?
 
I could only find one case on CanLii that involved a water gun as an element of the act. If I remember it was a civil suit and the person who was attacked was riding a bicycle and crashed as a result of someone spraying him out a car window. The victim received compensation for lost wages and injury, however, they outright denied him damages for getting wet. It was the result that mattered, rather than the means.

I found a few cases of water as a weapon. None that involved a water gun though..
The closest case I found was a lady spraying her neighbour with a garden hose on purpose.. she was charged with assault. She admitted she sprayed on purpose and actually claimed self defence.. The ruling basically said there was no grounds for self defence but the incident was de minimum non curat lex.. or.. too minor for the court to care

2022 ONCJ 30 (CanLII) | R. v. Haynes | CanLII

24 I accept that some water landed on Mr. Wilson and that some water may have entered his eye or eyes, despite the expected autonomic response for the eyes to close when water can be seen to be sprayed in one’s direction. However, I find that the amount of water that impacted Mr. Wilson such as to make out the actus reus of assault was of such a trivial and trifling nature that a finding of guilt is not appropriate in the circumstances.

25 The application of the doctrine of de minimus, for all of the reasons set out above, resulted in the dismissal of the charges as indicated orally at the conclusion of trial.​



The other cases I found are too different, and a lot worse, to be applicable..
large amounts of water/soaking someone.. assault.
throwing hot water.. assault with weapon.
 
@bitzz you didn't happen to be squirted with a water gun on Sept 1? :)
NO, but I've been in some real fun neighbourhood battles.
There was dog poo flung, battery cables mysterious cut on the car with the alarm going off all the time, mushroom spores liberally spread on a PERFECT lawn, trees trimmed so they had a flat side right on the property line.
When I lived in Mississauga my neighbour would call bylaw for any perceived slight... problem for her was: I was childhood friends with the son of the licensing manager in town, knew all the bylaw inspectors well (went to school with some of them and was on very good terms with them I used to own part of Blue and White Taxi and had to deal with bylaw all the time. I was well liked at Mississauga licensing). Her complaints never seemed to go anywhere....
But our neighbourhood battles were never one against all... we had to pick sides, everyone on the street was in on it, it usually ended up us old timers against the new comers... but not always
... except Mrs. Holowatenko (or something like that, salt of the earth nice lady, met her husband in Auschwitz)... NOBODY could defame Mrs. Holowatenko. You try we'll burn your house down. She was our sacred cow, the neighbourhood matriarch... anyone else was fair game.
But my next door neighbour on the south side, she was SPECIAL... for one: she tried to usurp Mrs. Holowatenko's position... that didn't go over too well. As far as i can tell my problems with her started when her husband retired, and he was bored and he would wander next door to my place to hang around... and drink... a LOT (then he'd get drunk and tell us tales of back in Croatia and how he and and his friends did unspeakable things to the muslims. It was very uncomfortable). When I told not to come back, he was in a home within a week, then he died. Well it seems she thought I was his friend and she HATED him, like despised his very existence. I wasn't the only one that thought that hatred then got directed at ME. COOL. So I put up with this crazy lady (and her idiot daughter... that was cutting the grass with a power mover, snagged something then reached in to pull it out.. yeah worse than you'd imagine... and the idiot's job was data entry, now with one lobster claw) next door for a few years ( yeah I would bait EVERY chance I got. Right after dad died, she spent a bunch of money on the front lawn, they worked on it for days, it was PERFECT. So I let my lawn go to seed, she calls bylaw, inspector comes out, she's watch out the window as me and the inspector are walking around my lawn with a tape measure in one hand and a joint in the other inspecting my lawn).
So we got dumped in snow (2006?), 3 ft everywhere, big drifts... the widow next door is snowed in, there is adrift on her front porch half way up the door. So I went over there and dug her out, dug out the porch, cut a path over to the garage, and got the garage door to open so she could get to her snowblower. Every second I was on her property she was in the window watching me.
She was dumbstruck, other neighbours told me what I did really bothered her, like losing sleep bothered her.
It's been 18 years and she hasn't said a word to me, I go back to the old neighbourhood regularly
When I moved up here, 3 days after closing the house, I answer the door to bylaw: my lawn is too long... like give me a minute here, I'm living outta boxes. Copped a $245 "administration fee" for that one (They seem to use a different rulebook up here, no sense of humour at all)
When I was in Vancouver, one of our neighbours paved his lot and Astro turfed it, cuz he HATED seeing dandelions on his perfect lawn, so everyone on the street, EVERYONE, collected dandelions and put them on his lawn at night IN STYROFOAM CUPS. We did that for 4 or 5 years. He was a really nice guy, great neighbour, but boy did he hate dandelions. I tried to find dandelion wine to bring to one of his BBQs, but couldn't find any in Vancouver.

I'm a good neighbour, help out when I can, keep mostly to myself (I betcha I haven't said 25 words to my next neighbour of 7 1/2 years: Carole. I think 10 or 12 words was enough actually. Carole is going for lawn beautiful... and failing. She has a sign on her door that says" If I don't answer the door, pick weeds")... I just don't like to cut my grass, but I'm all in for a water pistol war (I understand hydraulics better than most, but I'm gonna try enlist my neighbour behind me that works for Rolls Royce boat propulsion. V8 powered water pistols anyone?)
I used to own a company called "The Lawn Doctor" which paid for a couple of years of school. I sold the company to Weed Man, and that was Weed Man's entry into the lower mainland market: my customer list. Used the money for a down on a house, paid $142,000, sold in '86 for $186,000 (thought I was stealing from the buyer), it is currently on the market (last I checked) for $2,450,000, and it looks like they haven't even cut the grass since I left, it's still the same wreck as when I lived there with 4 other students. SHAZBOT!!!
Lawns are bourgeois, Carole is bourgeois
 
I doubt you're going to see one here... I see no way the prosecution is going to prove intent, and I betcha this gets thrown out with "no prospect of conviction" (isn't that how they phrase it?) before it gets to court.

There was a case in Vancouver when someone was convicted of a assault with a weapon... a dildo
... and as I said, I've argued a case much like this one... the weapon was a letter and I was found not guilty, as the crown didn't prove intent to harm.
 
Accident.

I often have to explain to clients that if their equipment is dangerous but they don't know it, resulting damage could be taken as accidental. If they are aware of the problem and do nothing it becomes negligence.

I like the way Americans use crash, wreck or collision instead of accident when it comes to vehicles bending other vehicles.

A vehicular Accident is when, for example, a steering component that over the years has never had a failure, suddenly breaks. That is rare.
 
Snake & Mongoose

Drag racing version of Rush or Ford vs Ferrari, I did enjoy it. Direct to video quality with TV people in the main parts. The beginning was odd as they kind of started with some background--but did not spend enough time on it IMO--and then jumped forward to the main story.

If you like drag racing or car movies it is a decent enough watch.
 
Snake & Mongoose

Drag racing version of Rush or Ford vs Ferrari, I did enjoy it. Direct to video quality with TV people in the main parts. The beginning was odd as they kind of started with some background--but did not spend enough time on it IMO--and then jumped forward to the main story.

If you like drag racing or car movies it is a decent enough watch.
I'll assume this is the wrong thread? 😂
 
A vehicular Accident is when, for example, a steering component that over the years has never had a failure, suddenly breaks.
... BUT, by definition, NOT an accident... the wreck was cause by a steering component breaking and the liability of the collision would be on the owner of the car that had broken parts. Driver didn't know the part was going to break, had no forewarning... but the broken part is the cause, not some nebulous "accident"

"Accident" is just a nice way of saying I SCREWED UP... it's just so much nicer to say "I was in an accident", than to say "I screwed up, because I am an idiot; 7 babies were killed.
A euphemism to deflect blame... somewhere we decided it was better to deflect blame, than to face the truth of or actions
There is no such thing as an accident, just ask any judge... even BETTER, try to convince a court it was an "accident"
 
... BUT, by definition, NOT an accident... the wreck was cause by a steering component breaking and the liability of the collision would be on the owner of the car that had broken parts. Driver didn't know the part was going to break, had no forewarning... but the broken part is the cause, not some nebulous "accident"

"Accident" is just a nice way of saying I SCREWED UP... it's just so much nicer to say "I was in an accident", than to say "I screwed up, because I am an idiot; 7 babies were killed.
A euphemism to deflect blame... somewhere we decided it was better to deflect blame, than to face the truth of or actions
There is no such thing as an accident, just ask any judge... even BETTER, try to convince a court it was an "accident"
I based my post on an incident in the USA where a broken steering link on a semi caused it to lose control.

Thousands of the make and model had driven millions, possible billion of miles without any similar incidents. It was due to a rare forging or casting flaw.

Theoretically magna flux or other testing could have possibly seen the fault. Does that mean that part now has to undergo more factory QC? What about every brake pad, bearing, wheel stud, rim, spindle, brake line etc. The cost to test to the extreme every part of a vehicle would make a trip to granny's as expensive as a lunar expedition.

The US court ruled the incident unforeseeable. No one screwed up. Sometimes crap just happens.

Accident

From Wikipedia, the free encyclopedia

An accident is an unintended, normally unwanted event that was not directly caused by humans.[1] The term accident implies that nobody should be blamed, but the event may have been caused by unrecognized or unaddressed risks. Most researchers who study unintentional injury avoid using the term accident and focus on factors that increase risk of severe injury and that reduce injury incidence and severity.[2] For example, when a tree falls down during a wind storm, its fall may not have been caused by humans, but the tree's type, size, health, location, or improper maintenance may have contributed to the result. Most car wrecks are not true accidents; however, English speakers started using that word in the mid-20th century as a result of media manipulation by the US automobile industry.[3]
 
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This one is funny at most the cop is guilty of poor taste or low personal standards.
She says that she felt threatened but from the looks of it the threat was about the level that a mature experienced porcupine would feel if a beagle puppy wandered up and tried to be friendly.
 

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