Author Topic: Shooting intruder nets man 24 months.  (Read 2478 times)

Offline Ping

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Shooting intruder nets man 24 months.
« on: March 02, 2004, 05:09:26 PM »
WARNING! No original thoughts involved in this post.

Man Begs for Longer Jail Term
Josh Pringle

Tuesday, March 2, 2004

A 73-year-old man has convinced a Winnipeg judge to increase his jail sentence to allow him to smoke.

Angelo Foti's request came just moments after he was sentenced to 20 months in jail for shooting an intruder in the backyard of his Winnipeg home in May 2000.

Foti was agitated after learning he would be serving his time in a provincial jail where smoking was recently banned under Manitoba legislation.

His defence lawyer requested the sentenced to be changed to 24 months, so Foti can smoke in a Federal prison.
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Offline LAWCobra

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Shooting intruder nets man 24 months.
« Reply #1 on: March 02, 2004, 05:16:00 PM »
LOL why was he convicted?

Offline Ping

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Shooting intruder nets man 24 months.
« Reply #2 on: March 02, 2004, 05:18:07 PM »
Thats all the story on this that Ive gotten so far.
We don't have the same rights to defend ourselves as our Southern Neighbours have.
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Offline LAWCobra

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Shooting intruder nets man 24 months.
« Reply #3 on: March 02, 2004, 05:19:09 PM »
Thats a shame man sorry to here that.:(

Offline Steve

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Shooting intruder nets man 24 months.
« Reply #4 on: March 02, 2004, 05:31:32 PM »
Not necessarily Ping.. well at least not in this case, probably.  In the U.S., if you shoot a person in your backyard you better be able to prove the intruder was about to use deadly force as well.
Otherwise, you're looking at criminal charges.(some exceptions)
Once the person is in your house, the rules change a bit.
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Offline Ping

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Shooting intruder nets man 24 months.
« Reply #5 on: March 02, 2004, 05:45:46 PM »
Cut N Paste  :eek:

In Canada, the key provision in the criminal code is that no one may use "more force than is necessary" and then only when "he believes on reasonable grounds that he can not otherwise preserve himself from death or grievous bodily harm." In section 35, the code goes on to require that one must show that, "he declined further conflict and quitted or retreated from it (the assault) as far as it was feasible to do so before the necessity of preserving himself ... arose." Moreover, the right to use physical force to defend non_family members is more limited than it is in many states, as are a Canadians' rights to repulse trespassers on one's own property, or to use force to stop the commission of serious or violent crimes (Sections 24, 40, and 41).

Self defense is severely circumscribed by more conditions than are typically found in the United States. A wide range of self defensive weapons (e.g., Mace, pepper spray, small handguns, tasers and stun guns) are prohibited, ownership is punishable by up to 10 years imprisonment. For all practical purposes, it has been impossible to own a handgun for self protection since 1977. Recent firearms legislation now requires firearms to not only be unloaded when stored in one's residence but must also be put under lock and key. Judging from news reports, many of those who use a firearm to defend themselves, are charged with one or more criminal violations __ unsafe storage, careless use of firearm, or possession of a prohibited weapon __ and then they have to prove in court that the firearm had been used in self defense.
I/JG2 Enemy Coast Ahead


Offline Ping

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Shooting intruder nets man 24 months.
« Reply #6 on: March 02, 2004, 05:48:06 PM »
In Montreal, a citizen who struggled with an robber who placed a gun against his head was referred to the crown prosecutor for possible murder charges after the gun discharged, killing the robber (the Crown considered but declined to prosecute). A store owner who armed himself and arrested four thieves in his store was termed a "vigilante" in the press (Montreal Gazette, "Spectators cheer as vigilante shopkeeper with shotgun goes free," 9 Aug 95, p. A8). An American couple were barred from Canada for five years, and fined $700, because they had a can of pepper spray to ward off dogs when they were jogging (Montreal Gazette, "Tourism loses its spice," 8 Jul 95, p. A12).

http://teapot.usask.ca/cdn-firearms/Buckner/Chapter%2010.htm
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Offline LAWCobra

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« Reply #7 on: March 02, 2004, 05:48:18 PM »
GOD BLESS TEXAS:aok

Offline john9001

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Shooting intruder nets man 24 months.
« Reply #8 on: March 02, 2004, 06:20:01 PM »
if you own a gun and think that there is the slightest chance you might use it , you had better read the LAW very carefully, unless of course you are a criminal.

Offline Steve

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« Reply #9 on: March 02, 2004, 08:05:33 PM »
Hey john9001:  BBQ
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Offline Steve

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« Reply #10 on: March 02, 2004, 08:09:45 PM »
Well your gun laws certainly are much more restrictive than ours, I must admit.  My point was though was about the "back yard".
In the U.S. you cannot shoot someone for trespassing. You would have to show that the dead guy posed an immediate and lethal threat. In other words, you couldn't shoot him for standing in your driveway with a gun in his pocket.

  Oddly enough, in the State of Arizona, you CAN order a person off your property at gunpoint, ya just can't plug 'em.
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Offline Frogm4n

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Shooting intruder nets man 24 months.
« Reply #11 on: March 02, 2004, 08:57:14 PM »
lol so he can smoke. Its a canadian prison so its like club med right? but in the great white north?

Offline Coolridr

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Shooting intruder nets man 24 months.
« Reply #12 on: March 02, 2004, 09:24:35 PM »
"That force which a person uses who knows or should know would create a subsatanial risk of causing death or serious bodily harm. Deadly force is only authorized in extreme neccessity when all lesser means have failed or cannot be reasonably employed."

As an NAS Oceana security patrolman we have to know that verbatim and recite it on command. Of course extreme neccessity is open to interpretation as are the laws in most cases when you are dealing with an intruder. Personally I'd find a way to drag him inside my house and cover the drag marks :D
Law or not..if you are on my land inside my house or not and I didn't invite you, then you are tempting fate. The world is full of too many criminals and wacko's to take chances.

There aren't enough "vigilantes" as far as I'm concerned. Until the government gives cops enough cash to pay their people well and hire more of em then people need to be helping em out, legal or not. There are ways around the technicalities, and the NRA legal fund help out alot of people on stuff like that.
« Last Edit: March 02, 2004, 09:27:29 PM by Coolridr »

Offline WilldCrd

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Shooting intruder nets man 24 months.
« Reply #13 on: March 02, 2004, 10:17:39 PM »
Quote
Originally posted by LAWCobra
GOD BLESS TEXAS:aok


AMEN to THAT!:aok
Crap now I gotta redo my cool sig.....crap!!! I cant remeber how to do it all !!!!!

Offline Bodhi

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Shooting intruder nets man 24 months.
« Reply #14 on: March 02, 2004, 11:52:05 PM »
Quote
Originally posted by LAWCobra
GOD BLESS TEXAS:aok


How many handles do you have now Mr. Black?
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