Road Rage.....

[Berzerker]

What classifies as "Road Rage" in the criminal code and what are the "punishments" that associate with said offense.

Last weekend I was driving home and while on the last stretch of my commute I passed 2 vehicles. I live 15km down a dirt road that is muddy at this time of year. I passed them safely, separately, and legally but apparently they took offense and decided to follow me home. Both vehicles pulled on to my property and basically blocked my exit from my property. My driveway is about 50m long and both vehicles were well into my driveway. I won't get into detail in this post but an altercation ensued. Would this be classified as a road rage incident?

Please advise. I will update with more details after this question is answered.

Berz out.

[fliptuner]

Spoiler!

[ilovebacon]

I want to know what happened next!

[320icar]

Following you to your home AND tresspassing on your property? You bet your ass it is

[SpeedStars]

Surprised they didnt book it once they saw your stature

[Traum]

Originally Posted by ilovebacon

I want to know what happened next!

x2

[Berzerker]

Originally Posted by ilovebacon

I want to know what happened next!

Lets just say I wish I had a dash cam installed cuz it would have been a fun video to watch.

Berz out.

[Armind]

Berz fucked his head.

Originally Posted by ilovebacon

I want to know what happened next!

[GLOW]

that's what happens when you weren't in chat you miss out the stories...
here's the footage of what happened...

Spoiler!

sorry berz couldn't find hunto throwing the left.

[hchang]

Originally Posted by ilovebacon

I want to know what happened next!

"Two cars followed a man onto his property... You'll never believe what happened next!"

[Nabatron]

Yah if they come onto your property and are trespassing you can escort them off as you please lol

[kross9]

did you happen to dump the body in langley?

[punkwax]

[roastpuff]

Originally Posted by kross9

did you happen to dump the body in langley?

He's a bit further away than that. The bears are feeding right now before hibernating...

[kross9]

Originally Posted by roastpuff

He's a bit further away than that. The bears are feeding right now before hibernating...

you never want to dump a body in your own city. manslaughter 101

[Spidey]

road rage isn't in the Criminal Code. With the limited information you posted, it is hard to say. However, if they were indeed on your property, it can be trespassing under the Trespass Act, and could be Mischief under the Criminal Code.

Trespass prohibited
4 (1) Subject to section 4.1, a person commits an offence if the person does any of the following:

(a) enters premises that are enclosed land;
(b) enters premises after the person has had notice from an occupier of the premises or an authorized person that the entry is prohibited;
(c) engages in activity on or in premises after the person has had notice from an occupier of the premises or an authorized person that the activity is prohibited.
(2) A person found on or in premises that are enclosed land is presumed not to have the consent of an occupier or an authorized person to be there.
(3) Subject to section 4.1, a person who has been directed, either orally or in writing, by an occupier of premises or an authorized person to
(a) leave the premises, or
(b) stop engaging in an activity on or in the premises,
commits an offence if the person
(c) does not leave the premises or stop the activity, as applicable, as soon as practicable after receiving the direction, or
(d) re-enters the premises or resumes the activity on or in the premises.

Mischief

430 (1) Every one commits mischief who wilfully

(a) destroys or damages property;

(b) renders property dangerous, useless, inoperative or ineffective;

(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or

(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

[Inaii]

^Prime example: Dexter. He nearly got busted because he was dumping the bodies in the bay his boat was moored in. Woops, that ^ was supposed to indicate kross' post.

[sho_bc]

Originally Posted by Spidey

road rage isn't in the Criminal Code. With the limited information you posted, it is hard to say. However, if they were indeed on your property, it can be trespassing under the Trespass Act, and could be Mischief under the Criminal Code.

Trespass prohibited
4 (1) Subject to section 4.1, a person commits an offence if the person does any of the following:

(a) enters premises that are enclosed land;
(b) enters premises after the person has had notice from an occupier of the premises or an authorized person that the entry is prohibited;
(c) engages in activity on or in premises after the person has had notice from an occupier of the premises or an authorized person that the activity is prohibited.
(2) A person found on or in premises that are enclosed land is presumed not to have the consent of an occupier or an authorized person to be there.
(3) Subject to section 4.1, a person who has been directed, either orally or in writing, by an occupier of premises or an authorized person to
(a) leave the premises, or
(b) stop engaging in an activity on or in the premises,
commits an offence if the person
(c) does not leave the premises or stop the activity, as applicable, as soon as practicable after receiving the direction, or
(d) re-enters the premises or resumes the activity on or in the premises.

Mischief

430 (1) Every one commits mischief who wilfully

(a) destroys or damages property;

(b) renders property dangerous, useless, inoperative or ineffective;

(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or

(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

However, depending on the circumstances, what you [Berzerker] did could fall under Assault (altercation?):

265 (1) A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of

(a) the application of force to the complainant or to a person other than the complainant;

(b) threats or fear of the application of force to the complainant or to a person other than the complainant;

(c) fraud; or

(d) the exercise of authority.

(4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief.

[Soundy]

Originally Posted by sho_bc

However, depending on the circumstances, what you [Berzerker] allegedly did could fall under Assault (altercation?):

You know better than that, sho_bc



Sent from my SM-N900W8 using Tapatalk

[sho_bc]

Sorry, I shouldn't have assumed that the altercation was physical.

[roastpuff]

Originally Posted by kross9

you never want to dump a body in your own city. manslaughter 101

He can drive 1 hour and be completely in the middle of nowhere with no one around him for 100's of KM.

Disposing of a body isn't going to be an issue where he is. I lived there for 3 years, just moved back this fall. Lots of untouched wilderness.

[Berzerker]

1 person got out of each vehicle. Person 1 in the front passenger side got out of vehicle 1 and started hostile dialog. Person 2 got out and stood by their vehicle. After a short back and forth I walked up to Person 1 and told him to Get the fuck off my Property. Person 2 then came and stood behind Person 1. I noticed person 2 had a tire iron in their hand. I indicated to Person 2 "Your gonna need more than that Junior. This is your second warning to get the fuck off my property"
Person 3 (female) gets out and starts yelling saying I hit their car with a rock as I was passing, more hostile dialog ensues.
At this point Person 1 looked at my Truck (not the CRV I was driving) and said "The next time I see that truck I'm going to put it into the ditch" (A direct threat to my families safety as my GF drives the truck with my kids in it.) Well that didn't go over so well with me. I shoved Person 1 and then dropped him with a punch. Then I squared up to Person 2 and told him to bring it but he backed up like a pussy. Now Person 1 is picking himself up off the ground and I say again "Get the fuck off my Property before you get hurt" Person 1 says "May I have safe passage to me vehicle so I can leave?" Meanwhile Person 3 the wife is yelling that shes calling the cops blah blah to which I responded please do.
I backed up and let Person 1 get in his vehicle and they left. An hour later the police show up and the first thing he says when I answer the door is "Hey Adam, So you had a couple of trespassers eh?" and I responded with a smile and said "Yes exactly" Officer indicated that the People told him EVERYTHING including what he said about putting my truck in the ditch. I asked if they mentioned the Tire Iron and he scowled and said "No they failed to mention that part" Officer said He wasn't there to arrest me, I shouldn't have hit him, but given the circumstances I wasn't under arrest.
NOW my point of all this.
THEY FOLLOWED ME HOME AND THREATENED ME. Had I been someone else who knows what the outcome may have been? I just happened to be a big guy that can defend myself.

So yes SHO it got physical, AFTER I was threatened. HOWEVER that doesn't disqualify the fact they followed me and forced the altercation in the first place.

There is a Police file on the subject. THE VERY NEXT DAY My GF was driving my CRV in to town to go pick up the kids and the woman who was driving was coming in the opposite direction. She drove down the center of the road, didn't move over AT ALL and forced my GF to swerve and almost get sucked into the ditch. As she was going past the woman realized it wasn't me driving and had a look of shock on her face. My GF was shaken up and called me right away. I called the officer and informed him of what had happened and he implored me not to do anything rash. I was boiling at this point as you can imagine. The cop went and spoke to the woman and issued a warning for driving without consideration. Will update if more happens.

Berz out.

[Great68]

Situations like these is where USA gets it right with castle doctrine, and Canada gets it so wrong.

[GLOW]

sorry to hear about that berz, glad the family didn't get hurt

put a dash cam if not already on both cars stat since they know your cars. a rear facing cam isn't such a bad idea too in case they aggressively try to tail you. hell i'd probably put a camera on my house too. they seem quite content on following through on their threats to fuck with you and inadvertently your family.

[Berzerker]

I've already ordered 2 cams. Just wish I had one for the original incident.

Berz out.