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-   -   Surrey auto theft gone wrong (https://www.revscene.net/forums/629414-surrey-auto-theft-gone-wrong.html)

seakrait 11-06-2010 12:32 PM

^^^ it's all about reasonable force. i don't think the judges look too kindly on people shooting burglars unless they believed that you thought you life was in mortal danger.

and yeah, i'm sure our judges have more sense to throw out cases of the home invader suing the homeowner.

Jayhall 11-06-2010 06:00 PM

good thing that guy was up watching his security camera. I hate leaving my car on the street but its my only real option

threezero 11-06-2010 06:09 PM

Quote:

Originally Posted by seakrait (Post 7175330)
^^^ it's all about reasonable force. i don't think the judges look too kindly on people shooting burglars unless they believed that you thought you life was in mortal danger.

and yeah, i'm sure our judges have more sense to throw out cases of the home invader suing the homeowner.


the guy in the video did not use resonable force than... he try to attack a guy that appears to be unarm with a baseball bat, he is also physically bigger than the thief. I guess he could argue that the thief might try to ran him over with their car, but than again it seems like at the end of the video he went after the thief in his car lol

underscore 11-08-2010 06:01 AM

^ but on the flip side, the thief only looked in the car. He could claim he was only admiring a nice car, as he hadn't actually done anything yet.

InvisibleSoul 11-08-2010 09:09 AM

I was disappointed... it didn't go nearly wrong enough.

donjalapeno 11-08-2010 09:17 AM

Quote:

Originally Posted by underscore (Post 7177648)
^ but on the flip side, the thief only looked in the car. He could claim he was only admiring a nice car, as he hadn't actually done anything yet.

admiring a nice car, with his hoodie on in the middle of the night and then running to the getaway car when he knows hes innocent? naw bra, judges are smart these days.

fliptuner 11-08-2010 09:18 AM

Plus he's trespassing

Vale46Rossi 11-08-2010 09:53 AM

Quote:

Originally Posted by seakrait (Post 7175330)
^^^ it's all about reasonable force. i don't think the judges look too kindly on people shooting burglars unless they believed that you thought you life was in mortal danger.

and yeah, i'm sure our judges have more sense to throw out cases of the home invader suing the homeowner.


Actually, the judge would not throw out the case because they would be in two different courts suing for damage.

Tort law does not relate to criminal law.

So thats why there are many cases where a criminal broke in to someone's house in B.C and he goes to jail for a week or gets a slap on the wrist but during the burglary the victim trips or falls on your property you still owe them a duty of care.

So after his sentence when he comes out of jail he can bring you to court and sue you.

This is fucking stupid but that is how our system works.


Quote:

Originally Posted by Soltaaa77 (Post 7177780)
admiring a nice car, with his hoodie on in the middle of the night and then running to the getaway car when he knows hes innocent? naw bra, judges are smart these days.


Doesn't work like that judges follow rules and there needs to be an actus reus and mens rea.

Actus being the Guilty Act and Mens being Guilty Mind.

You need to prove that he has both in order for him to be criminal responsible.

If there was a jury involved that would be different and they would look at it at a different perspective, they would not look at the law at the experts extent and just judge them depending on how their emotions feel about the criminal.

twitchyzero 11-08-2010 10:01 AM

moral of the lesson: it's not worth trying to steal an early 80's domestic on a driveway in surrey.


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