Man charged with stabbing intruder

matthew

matthew

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http://www.torontosun.com/2011/07/31/man-charged-with-stabbing-intruder

Toronto Police said Sunday the alleged burglar, who was recovering from his wounds in hospital, had not been charged.
“We’re still in the midst of the investigation,” said a sergeant at 12 Division.


The incident allegedly began when a man and his girlfriend arrived at the woman’s home on Parson Crt., in the Keele St.-Lawrence Ave. W. area, around 2 a.m. Sunday.


The couple was suspicious someone had broken in, a source said, explaining they began searching and allegedly found a prowler hiding in the home.


There was an altercation and the alleged intruder was stabbed numerous times, the source said. The wounded man fled.


Two hours later, a 33-year-old man called police from his apartment a block away on Gulliver Rd. and reported he had been stabbed.


He was taken to hospital by ambulance and underwent surgery.


Police confirmed the man was stabbed during an alleged robbery and that he was not facing any charges as of late Sunday.


The man who allegedly stabbed him was arrested and charged with aggravated assault.
 
turbodish said:
There's still plenty of time to lay break and enter and/or theft charges against him later. It's not like the police don't know who he is.
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+1.. However, the cops shouldn't have charged the victim here. Comes home, gets attacked by a burglar, grabs a weapon at hand to protect himself and ends up being charged? While he'll have his day in court, it'll cost him thousands of dollars and lots of aggravation.
 
What I don't get is why the dude gets charged with assault and the other guys hasn't been charged with **** yet. Why are we always so quick to convict somebody defending their property but never the culprits. If that idiot had broken into a cops house and the cop went to town on him (as any good homeowner would) you could bet no such charges would have been laid.
 
Did the man and women call 911 when they found the burglar in the house? Or did they just start stabbing?
 
FiReSTaRT said:
+1.. However, the cops shouldn't have charged the victim here. Comes home, gets attacked by a burglar, grabs a weapon at hand to protect himself and ends up being charged? While he'll have his day in court, it'll cost him thousands of dollars and lots of aggravation.
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Gets attacked by a burglar? Not necessarily. The word "altercation" in the news article doesn't provide any indication who the actual aggressor was.

He did more than just grab a weapon at hand. He inflicted three stab woulds of sufficient severity that surgery was needed to repair the damage. There are situations where that kind of response is warranted, but only where the burglar is also armed and posing a demonstrable threat to the personal safety of the homeowner. There is no right to use deadly force to protect simple property.

Charges being laid against the homeowner here suggests that police found that there was no necessary element of self-defence that would justify the use of a knife or any other potentially-deadly weapon by the homeowner against the burglar.
 
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I doubt the first thing going through the home owners mind was "let me assess this situation carefully to determine whether or not this intruder into my home poses a threat to my safety"
 
This is a case of a citizen not knowing the law. Should not have talked to the cops or admitted to the stabbing. He incriminated himself and will now very possibly have a criminal record. Had he kept his mouth shut, as in not talking to the police, even a dumb lawyer could have produced enough reasonable doubt as to the break and enter-stabbing victims credibility.
 
slowbird said:
Did the man and women call 911 when they found the burglar in the house? Or did they just start stabbing?
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Why should it matter? Should I ask a criminal for permission to enter my own house? According to our law, I should.
 
Excellent example of how inadequately the law protects victims in this country.

There's absolutely no valid reason for the homeowner being charged under any circumstances. Your home should be your castle, the last place you can possibly retreat to in case of danger. If someone invades that space we should be well within our rights to protect ourselves and our property any which way we can. Whether or not the intruder is armed should make no difference whatsoever...
 
FiReSTaRT said:
Why should it matter? Should I ask a criminal for permission to enter my own house? According to our law, I should.
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Because if they did, the police would have come to the res and created a permiter to catch the bleeding culp...K9 would track it and he would have been caught.

The article doesn't mention anything about the homeowners calling to report the burglar, and it looks fishy when a guy is in his apt saying he was stabbed, and you say he broke into your house first.

As others have mentioned, stabbing a person for being in your house isn't ok.

But the article is vague about the situation at best.
 
It sounds like there could be more to this story. It isn't quite adding up.
 
mmmnaked said:
Excellent example of how inadequately the law protects victims in this country.

There's absolutely no valid reason for the homeowner being charged under any circumstances. Your home should be your castle, the last place you can possibly retreat to in case of danger. If someone invades that space we should be well within our rights to protect ourselves and our property any which way we can. Whether or not the intruder is armed should make no difference whatsoever...
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How the law protects people depends on who you are. Michael Byrant got away with killing someone who pounded on the hood of his car after rear ending the guy's bicycle while driving his Audi. Politician"s current or ex get charges dropped.
 
we need to get a good castle law here in canada. something like the one in florida would be nice.
 
If I come home to find the front door kicked down or something, I sure as hell am not going to walk in and put my life in danger. Step back and call the cops, that's what they get paid to do.

These people obviously didn't do that. It also didn't mention that they called the cops after the incident took place. It all sounds very fishy.
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