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General Forums => The O' Club => Topic started by: Ping on March 02, 2004, 05:09:26 PM

Title: Shooting intruder nets man 24 months.
Post by: Ping 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.
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 02, 2004, 05:16:00 PM
LOL why was he convicted?
Title: Shooting intruder nets man 24 months.
Post by: Ping 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.
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 02, 2004, 05:19:09 PM
Thats a shame man sorry to here that.:(
Title: Shooting intruder nets man 24 months.
Post by: Steve 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.
Title: Shooting intruder nets man 24 months.
Post by: Ping 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.
Title: Shooting intruder nets man 24 months.
Post by: Ping 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
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 02, 2004, 05:48:18 PM
GOD BLESS TEXAS:aok
Title: Shooting intruder nets man 24 months.
Post by: john9001 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.
Title: Shooting intruder nets man 24 months.
Post by: Steve on March 02, 2004, 08:05:33 PM
Hey john9001:  BBQ
Title: Shooting intruder nets man 24 months.
Post by: Steve 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.
Title: Shooting intruder nets man 24 months.
Post by: Frogm4n 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?
Title: Shooting intruder nets man 24 months.
Post by: Coolridr 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.
Title: Shooting intruder nets man 24 months.
Post by: WilldCrd on March 02, 2004, 10:17:39 PM
Quote
Originally posted by LAWCobra
GOD BLESS TEXAS:aok


AMEN to THAT!:aok
Title: Shooting intruder nets man 24 months.
Post by: Bodhi 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?
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 02, 2004, 11:59:08 PM
Quote
Originally posted by Bodhi
How many handles do you have now Mr. Black?


LOL as many as i like!
Aint It a biotch!
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 03, 2004, 12:10:12 AM
Bodhi Is everyone in your family micro syphalic or are you the only one?
Title: Shooting intruder nets man 24 months.
Post by: Octavius on March 03, 2004, 12:14:47 AM
Quote
Originally posted by LAWCobra
Bodhi Is everyone in your family micro syphalic or are you the only one?


microcephalic
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 03, 2004, 12:15:32 AM
Not If you are decribing small brain.
Title: Shooting intruder nets man 24 months.
Post by: Octavius on March 03, 2004, 12:17:56 AM
Quote
Originally posted by LAWCobra
Not If you are decribing small brain.


Um, yes.

1mi·cro·ce·phal·ic
Pronunciation: -s&-'fa-lik
Function: adjective
: having a small head; specifically : having an abnormally small head
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 03, 2004, 12:21:52 AM
Better get a new dictionary there sonny cuase that ones wrong.
Try looking up hydro-syphalic or water on the brain.
You are speaking of the cranium I am speaking of the brain.

Or did I just prove my pointLOL:aok
Title: Shooting intruder nets man 24 months.
Post by: majic on March 03, 2004, 12:32:04 AM
http://www.thefreedictionary.com/microcephalic


A google search for "micro syphalic" came up with no results but a suggestion that I meant "microcephalic".  A further search for syphalic came up with a reference to hydro-syphalic but no references to small brains.  As you can see, the synonyms listed from freedictionary do not list anything like "micro syphalic".  Oct wins.  :p
Title: Shooting intruder nets man 24 months.
Post by: Furious on March 03, 2004, 12:33:45 AM
Quote
Originally posted by LAWCobra
Better get a new dictionary there sonny cuase that ones wrong.
Try looking up hydro-syphalic or water on the brain.
You are speaking of the cranium I am speaking of the brain.

Or did I just prove my pointLOL:aok


No such word as syphalic.

Main Entry: ce·phal·ic
Pronunciation: s&-'fa-lik
Function: adjective
Etymology: Middle French céphalique, from Latin cephalicus, from Greek kephalikos, from kephalE head; akin to Old High German gebal skull, Old Norse gafl gable, Tocharian A spAl head
1 : of or relating to the head
2 : directed toward or situated on or in or near the head

You're a fool, but fun to have around.   And yes, you did prove a point.  Just not the one you think you did.
Title: Shooting intruder nets man 24 months.
Post by: Octavius on March 03, 2004, 12:34:13 AM
beautiful
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 03, 2004, 12:41:50 AM
Quote
Originally posted by Furious
No such word as syphalic.

Main Entry: ce·phal·ic
Pronunciation: s&-'fa-lik
Function: adjective
Etymology: Middle French céphalique, from Latin cephalicus, from Greek kephalikos, from kephalE head; akin to Old High German gebal skull, Old Norse gafl gable, Tocharian A spAl head
1 : of or relating to the head
2 : directed toward or situated on or in or near the head

You're a fool, but fun to have around.   And yes, you did prove a point.  Just not the one you think you did.


Well 8 years as a state certified EMT with over 6 years field exp I think I got a better grasp on It that you do there junior.

Might try looking in some medical text Geez what a bunch of tards.

Hint grey's book of anatomy.
Title: Shooting intruder nets man 24 months.
Post by: Steve on March 03, 2004, 12:45:14 AM
My wife is an RN.. guess I could pull out her medical dictionary to settle this....nahhhh.
Title: Shooting intruder nets man 24 months.
Post by: Creamo on March 03, 2004, 12:46:37 AM
Looking for a BBS fight eh mrblack?

Don't start.
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 03, 2004, 12:50:22 AM
Please do LOL and put an RN in the back of an ambulance and watch um freak LOL.
They cant do watermelon with out Dr's orders we on the other hand have standing orders and can act way before medical controll is needed.

I love nurses dont get me wrong but I think EMT and paramedics have been way underpaid for to long .
Do you  know In the back Of a MICU a paramedic can do almost everything they can do in an ER .
Of coures no cracking of the thorasic area or external heart massage but you get the idea.

They can do FAR more that a RN and yet are paid less.
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 03, 2004, 12:51:07 AM
Quote
Originally posted by Creamo
Looking for a BBS fight eh mrblack?

Don't start.


You dont pack the gear.
Title: Shooting intruder nets man 24 months.
Post by: NUKE on March 03, 2004, 12:52:24 AM
Quote
Originally posted by LAWCobra
Please do LOL and put an RN in the back of an ambulance and watch um freak LOL.
They cant do watermelon with out Dr's orders we on the other hand have standing orders and can act way before medical controll is needed.

I love nurses dont get me wrong but I think EMT and paramedics have been way underpaid for to long .
Do you  know In the back Of a MICU a paramedic can do almost everything they can do in an ER .
Of coures no cracking of the thorasic area or external heart massage but you get the idea.

They can do FAR more that a RN and yet are paid less.


What does any of that have to do with the spelling of the word in question?
Title: Shooting intruder nets man 24 months.
Post by: Steve on March 03, 2004, 12:52:41 AM
Actually, I'm gonna stay out of this one. I'm tired and ... well I'm tired.
Title: Shooting intruder nets man 24 months.
Post by: Creamo on March 03, 2004, 12:52:54 AM
Sorry. :aok
Title: Shooting intruder nets man 24 months.
Post by: Octavius on March 03, 2004, 12:58:20 AM
Quote
Originally posted by LAWCobra
Please do LOL and put an RN in the back of an ambulance and watch um freak LOL.
They cant do watermelon with out Dr's orders we on the other hand have standing orders and can act way before medical controll is needed.


The city of Milwaukee and many surrounding suburbs have one RN in every ambulance.
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 03, 2004, 12:59:16 AM
Gentlemen If there is one thing I know and that emergency medicine In the pre hospital setting.

I have been on the side of the road hholding C-spine on someone
while he is asking if his wife is alright and knowing that she is of coures very dead with part of her here and part of her there.

Oh sure buddy she is fine now just hold still for me.
Been there done that for too long i' afraid.

Puked many a time on a call cried too .
Worked two SIDs cases in one week Sudden infant death syndrom.

Thats a real hoot not only are you pissed cause the baby was dead long before you got there but protocall says you work it like he was just down
CPR IVs the whole bit.

All of this while the parents are freeking out And can ya blame them.

Yep I might be a little different that you fellas but I have been down some ugly assed roads.

So unless you are perfect dont you dare judge me!
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 03, 2004, 01:00:34 AM
Quote
Originally posted by Octavius
The city of Milwaukee and many surrounding suburbs have one RN in every ambulance.


We have them in our helos here but they are flight RNs
A very special kind of nurse the best of the best.
Title: Shooting intruder nets man 24 months.
Post by: Octavius on March 03, 2004, 01:01:03 AM
Quote
Originally posted by LAWCobra
Gentlemen If there is one thing I know and that emergency medicine In the pre hospital setting.

I have been on the side of the road hholding C-spine on someone
while he is asking if his wife is alright and knowing that she is of coures very dead with part of her here and part of her there.

Oh sure buddy she is fine now just hold still for me.
Been there done that for too long i' afraid.

Puked many a time on a call cried too .
Worked two SIDs cases in one week Sudden infant death syndrom.

Thats a real hoot not only are you pissed cause the baby was dead long before you got there but protocall says you work it like he was just down
CPR IVs the whole bit.

All of this while the parents are freeking out And can ya blame them.

Yep I might be a little different that you fellas but I have been down some ugly assed roads.

So unless you are perfect dont you dare judge me!


That still doesn't prove you can spell ;)
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 03, 2004, 01:03:33 AM
Quote
Originally posted by Octavius
That still doesn't prove you can spell ;)


Well trust me spelling aint one of the requirments for being a good EMT.
Being able to think and performe complex task while in the middle of complete turmoil is about all it takes.
Title: Shooting intruder nets man 24 months.
Post by: Octavius on March 03, 2004, 01:04:41 AM
So you admit defeat.

microcephalic is the correct spelling.
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 03, 2004, 01:06:15 AM
Quote
Originally posted by Octavius
So you admit defeat.

microcephalic is the correct spelling.


Apon looking it up in grey's anatomy you are right.
My spelling was discribing a condition concerning the pons area of the brain.

So in general you are more right:aok
Title: Shooting intruder nets man 24 months.
Post by: Octavius on March 03, 2004, 01:12:25 AM
Quote
Originally posted by LAWCobra
Apon looking it up in grey's anatomy you are right.
My spelling was discribing a condition concerning the pons area of the brain.

So in general you are more right:aok


w00t.  I believe an old quote of yours is in order:

To be able to accept defeat inrichest far greater that to relish in the victory. 10-30-03


:)
Title: Shooting intruder nets man 24 months.
Post by: Engine on March 03, 2004, 01:40:20 AM
Snipers are pansy cowards.
Title: Shooting intruder nets man 24 months.
Post by: lazs2 on March 03, 2004, 08:46:42 AM
mrblack was an emt too... is everyone in law an emt?   What are the odds?

lazs
Title: Shooting intruder nets man 24 months.
Post by: Bodhi on March 03, 2004, 09:22:20 AM
Quote
Originally posted by LAWCobra
Gentlemen If there is one thing I know and that emergency medicine In the pre hospital setting.

I have been on the side of the road hholding C-spine on someone
while he is asking if his wife is alright and knowing that she is of coures very dead with part of her here and part of her there.

Oh sure buddy she is fine now just hold still for me.
Been there done that for too long i' afraid.

Puked many a time on a call cried too .
Worked two SIDs cases in one week Sudden infant death syndrom.

Thats a real hoot not only are you pissed cause the baby was dead long before you got there but protocall says you work it like he was just down
CPR IVs the whole bit.

All of this while the parents are freeking out And can ya blame them.

Yep I might be a little different that you fellas but I have been down some ugly assed roads.

So unless you are perfect dont you dare judge me!



Is this the same type of lie that you came up with before as in being a sniper?

Your so full of caca del toro it is amazing...  maybe you could come up with a new MO.... or wait, maybe fake rape stories, BS stories about your past, or trying to act intellectually superior on a BBS are the only way you can garner attention.  You are a sad man Mr. Black... very sad.



:rolleyes:
Title: Shooting intruder nets man 24 months.
Post by: Dune on March 03, 2004, 11:15:54 AM
He is a life-taker and a life-saver.  Raped, porn-star-loving, gitar-playing, badass.  He is Mr.LawBlack.
Title: Shooting intruder nets man 24 months.
Post by: pugg666 on March 03, 2004, 11:30:38 AM
what does any of this have to do with a Canadian man wanting a longer sentence so that he can smoke in prison?


Skuzzy was right :)
Title: Shooting intruder nets man 24 months.
Post by: SLO on March 03, 2004, 12:02:49 PM
hopeless
Title: Shooting intruder nets man 24 months.
Post by: Coolridr on March 03, 2004, 12:39:25 PM
How'd this get so off topic?
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 03, 2004, 02:35:13 PM
Quote
Originally posted by Bodhi
Is this the same type of lie that you came up with before as in being a sniper?

Your so full of caca del toro it is amazing...  maybe you could come up with a new MO.... or wait, maybe fake rape stories, BS stories about your past, or trying to act intellectually superior on a BBS are the only way you can garner attention.  You are a sad man Mr. Black... very sad.



:rolleyes:



Now please STFU

(http://home.comcast.net/~c.hambleton/images/emt.jpg)
Title: Shooting intruder nets man 24 months.
Post by: Dune on March 03, 2004, 02:50:15 PM
Well hell, that answers all the questions!  Does this mean you really were a sniper who dated a porn star?  I take back everything I've ever said.
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 03, 2004, 02:53:30 PM
Quote
Originally posted by Dune
Well hell, that answers all the questions!  Does this mean you really were a sniper who dated a porn star?  I take back everything I've ever said.


I dunno are you really the court jester of maricopa county?
Title: Shooting intruder nets man 24 months.
Post by: Dune on March 03, 2004, 03:20:54 PM
Objection!  Non-responsive.  Move to strike the witness' answer.
Title: Shooting intruder nets man 24 months.
Post by: LAWCobra on March 03, 2004, 03:22:28 PM
I withdraw the question your honor.
Title: Shooting intruder nets man 24 months.
Post by: MJHerman on March 03, 2004, 03:26:53 PM
Quote
Originally posted by Ping
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.


We've had this debate in another thread.  Section 35, the "self defence" provision, is almost identical in substance to the equivalent provision in the U.S. and the law as it stands at common law.

The fact that a person who uses a firearm to protect himself is charged with an offence should not be a surprise.  If you shoot an intruder, the law requires you to be charged with assault (at a minimum).  Your defence to that charge is self-defence.

It may suck, but that's the way it works.
Title: Shooting intruder nets man 24 months.
Post by: lazs2 on March 04, 2004, 08:36:22 AM
"He is a life-taker and a life-saver. Raped, porn-star-loving, gitar-playing, badass. He is Mr.LawBlack."


now that is funny!  sig material if I ever did that kinda thing.

lazs