Alafly @ 周二 1月 12, 2021 9:49 pm 写道: 只要是威胁生命,你可以用一切必要手段保护你和家人安全。
哪里可能法律这么傻逼,人家用棒子正在打死你,但是你必须找根棍子反击才合法,如果你用枪反击不合法。
但是前提是威胁生命,这里举个简答例子,所以在加拿大人家蟊贼跑了你冲出去补枪或者在家里背后开枪都是很难解释威胁生命的。
所以最最傻逼的蟊贼就是从一开始还没进门就一直骂骂咧咧说 I will kill u...,那简直就是给你开枪开绿灯。
最后说一句,说一千道一万,记得学牌时候教官说:死人是无法跟警察和法官解释任何故事的。
Make sense! 多谢!
May 2012 CBC Story re Self-Defence
https://www.cbc.ca/news/canada/self-defence-what-s-acceptable-under-canadian-law-1.1229180CBC News: You hear a noise and go downstairs in the middle of the night and find a burglar, and you can't tell if he's armed. Legally, what are your options?"Your dwelling house seems to be the property you're allowed to protect the most," Nichols says.
Under Section 40 of the Criminal Code, which deals with the defence of dwellings, Nichols says, "everyone who is in possession of a dwelling house is justified in using as much force as necessary, to prevent any person from forcibly breaking into or entering the dwelling house without lawful authority."
Cohen echoes Nichols' sentiments, adding that when it comes to defending themselves, Canadians have the most rights inside their own homes.
"This area is less grey than others. The rule of reasonable force still applies, but most judges will give you the benefit of the doubt," Cohen says. "… You can use any force you deem necessary to remove the burglar from the house and eliminate the threat to yourself."
"You could use a significant amount of force. If you knocked them out and rendered them unconscious, you will probably not be charged with assault," Cohen adds. "But if he was retreating and you hit him in the head with a bat and he was [critically injured], you might have a problem."
Nichols says the words "as much force as is necessary" are one of the things taken into account by judges.
"It might depend on where the person was, and what they were doing. A judge would look at what degree of force was used and where you struck the person," Cohen says.
"There's a ton of case law out there where people have been charged in these types of situations," Nichols adds, referring to situations where an intruder has entered and a dwelling occupant has used lethal force.
"Generally they're treated very, very leniently, or the charges are dropped altogether," she says.
Cohen says the judge's decision revolves around the specifics of the individual situation.
"Every scenario in criminal law tends to be very unique, so that's a judge's job is to sift through the facts and make a determination based on them, and all kinds of factors play into it," Cohen says.