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Self defender gets charged

Supreme court said they will hear the case. It will be interesting to see how this plays out. I could see an acquittal based on right to timely trial as this has been going for years and at least some of the delays were due to mistakes in the justice system.

www.680news.com

Supreme Court to hear case of Hamilton-area man who killed would-be car thief

A Hamilton-area homeowner who gunned down a would-be car thief seconds after confronting him in the dead of night succeeded on Thursday in getting the country’s top court to hear his case. The Supreme Court agreed to weigh in at the request of Peter Khill, who was initially acquitted of...
www.680news.com www.680news.com
 
For me it's all academic arguing over whether or not the shooting was justified...
In practical terms... I'm beyond giving a s###.

You don't wanna get shot.. Don't steal other people's stuff.
One less s### bird for the rest of us to deal with... Sympathy to the family, but... Your kin was a POS thief.
 
Hack said:
For me it's all academic arguing over whether or not the shooting was justified...
In practical terms... I'm beyond giving a s###.

You don't wanna get shot.. Don't steal other people's stuff.
One less s### bird for the rest of us to deal with... Sympathy to the family, but... Your kin was a POS thief.
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Preach!!
 
I'd like to hear what the jury heard before making a decision one way or the other.
 
Kedo said:
Preach!!
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Yes!! Yes!!! Let's shoot all people who have stolen something! While we are at it shoot all people who drink and drive! Let's shoot people who do drugs!!! What if there are circumstances that ..?...**** that shoot them. I feel sorry for the family but their family member was a POS thief. SHOOT THEM. WHat if they are a kid? ******* shoot them! What if they get too drunk and make too much noise near my house? Shoot those aholes too! WHat about protesters or people who run from the cops or resist arrest? SHoot them! Yeehah!

I love advocating violence for fun on forums. It totally doesn't make me look like a complete idiot. I do not have half a brain. I am not a loser. Solving problems with violence is what I want for my kids. I hope they get shot when they steal something like many young kids do at some point in their life cause that will teach them. In fact i hope they get shot cause if they get home and find out I'll shoot them myself!
 
Baggsy said:
I'd like to hear what the jury heard before making a decision one way or the other.
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I really hope that it is a fair trial with as much evidence related to the incident provided.
Having experienced being part of a jury myself, all I can say is that I hope factors like race, bias and such dont play a role in influencing their decision.
Hopefully he has an excellent criminal defense lawyer representing him.
 
800over said:
Yes!! Yes!!! Let's shoot all people who have stolen something! While we are at it shoot all people who drink and drive! Let's shoot people who do drugs!!! What if there are circumstances that ..?...**** that shoot them. I feel sorry for the family but their family member was a POS thief. SHOOT THEM. WHat if they are a kid? ******* shoot them! What if they get too drunk and make too much noise near my house? Shoot those aholes too! WHat about protesters or people who run from the cops or resist arrest? SHoot them! Yeehah!

I love advocating violence for fun on forums. It totally doesn't make me look like a complete idiot. I do not have half a brain. I am not a loser. Solving problems with violence is what I want for my kids. I hope they get shot when they steal something like many young kids do at some point in their life cause that will teach them. In fact i hope they get shot cause if they get home and find out I'll shoot them myself!
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I think the point was not to just shoot everyone.
There is some responsibility for your own choices.
If you decide to go sneaking around people's houses in the dark stealing stuff, you better wear your big boy pants.
Did he deserve to die? No but that's the risk he took with the decision he made.

Sent from my SM-A530W using Tapatalk
 
I can't see the SC over-ruling the appeals court
the argument is over the trial judges charge to the jury

they are not gonna re-adjudicate the evidence
it will go to a second trial

we don't do stand your ground in Canada
 
J_F said:
we don't do stand your ground in Canada
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Even if we did it wouldn't apply. Castle doctrine only applies to defending yourself against an intruder. It can't be used as a defense when one grabs a gun and goes outside to confront someone stealing property.
 
castle and stand your ground are different things

see Trayvon Martin about how stand your ground works
 
J_F said:
castle and stand your ground are different things

see Trayvon Martin about how stand your ground works
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Stand your ground probably wouldn't apply either.

Travon confronted Zimmerman...
Khill confronted Jon.

Canada does have self defence laws... The argument is whether or not Khill leaving the safety of his house to confront Jon for a property crime is covered by those laws.
Turning on some outside lights would have sent Jon running... and Khill wouldn't be in this mess.
 
raginduck said:
Stand your ground probably wouldn't apply either.

Travon confronted Zimmerman...
Khill confronted Jon.

Canada does have self defence laws... The argument is whether or not Khill leaving the safety of his house to confront Jon for a property crime is covered by those laws.
Turning on some outside lights would have sent Jon running... and Khill wouldn't be in this mess.
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But he was reacting to his military training which lead him to load 2 rounds into a 5 round gun and go outside in the dark without a flashlight, and dump those rounds close range into an unarmed man. I wonder if he said , here honey hold my beer !
 
go out in your driveway with your shotgun
perp turns to you with a screwdriver in his hand
you feel threatened and have no obligation to retreat
boom, you stood your ground

in many jurisdictions it's a justified killing
 
J_F said:
go out in your driveway with your shotgun
perp turns to you with a screwdriver in his hand
you feel threatened and have no obligation to retreat
boom, you stood your ground

in many jurisdictions it's a justified killing
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Not what happened. And I know, many feel threatened these days, with an 870 in their paws, when in reality after the 911 call was made there were cops there immediately ! I don't really care about the outcome, just this Khiller coward and his lawyers pulling a story out of their arse that maligns CF training and makes an even bigger joke of our lawyer system.
 
I wonder what the size difference was, between the two of them.
If it was me (5'8) in the defender's shoes and the guy trying to get into my vehicle, 6'4 - I wonder if I'd react any differently..unless I didnt have a gun, lol
 
I think everyone agrees that you don't just shoot someone because they're stealing something. There has to be a clear and imminent threat to your life. What a lot of people don't realize that as the law is written, if your perception is that the person is going to do you or your family harm, and that perception is deemed reasonable, then the law has no recourse against you. Basically, fear is irrational and if you fear for your life you're likely to do something drastic, be it with a gun, a big long knife, a baseball bat or a vehicle. The question they have to grapple with is: did the shooter truly fear for his life? Or, did he simply want to shoot some guy for trying to steal his truck? The answer to that isn't always going to be easy.
 
Roadghost said:
I think everyone agrees that you don't just shoot someone because they're stealing something. There has to be a clear and imminent threat to your life. What a lot of people don't realize that as the law is written, if your perception is that the person is going to do you or your family harm, and that perception is deemed reasonable, then the law has no recourse against you. Basically, fear is irrational and if you fear for your life you're likely to do something drastic, be it with a gun, a big long knife, a baseball bat or a vehicle. The question they have to grapple with is: did the shooter truly fear for his life? Or, did he simply want to shoot some guy for trying to steal his truck? The answer to that isn't always going to be easy.
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"he instinctively grabbed a loaded Remington shotgun in his bedroom and went barefoot outside into the frigid darkness wearing a T-shirt and boxers to confront Styres."

Canadian law allows defence, not confrontation. He would have likely been charged with unlawful discharge of a firearm if he stayed inside and fired a round into the air.
 
nobbie48 said:
"he instinctively grabbed a loaded Remington shotgun in his bedroom and went barefoot outside into the frigid darkness wearing a T-shirt and boxers to confront Styres."

Canadian law allows defence, not confrontation. He would have likely been charged with unlawful discharge of a firearm if he stayed inside and fired a round into the air.
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There is case law on that, including the one with Ian Thompson. This thief was on his property trying to steal his truck, that gave him the right to confront him. He brought the gun because he thought the thief was armed. What happened after that is anyone's guess, but I wouldn't put him in jail for it unless they can prove his actions were murder. This isn't England.
 
Roadghost said:
There is case law on that, including the one with Ian Thompson. This thief was on his property trying to steal his truck, that gave him the right to confront him. He brought the gun because he thought the thief was armed. What happened after that is anyone's guess, but I wouldn't put him in jail for it unless they can prove his actions were murder. This isn't England.
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Ian Thompson and Khill's incidents are too different to be compared... They were actively fire bombing Ian's house when he shot overt their heads.
Whether or not Khill had the right to go out and confront Jon is exactly what is being argued in court...
Our self defence laws are comparable to England's.
 
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