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Old 01-07-2012, 12:36 PM   #10
yaahl
Sg̱aaga g̱uu hla.
 
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Join Date: Oct 2010
Location: Canuckistan
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If you shoot someone in Canada in an event that can be termed self-defence, you'd better have a clear defence of necessity to avoid jail time.

Precedent is pretty clear on what defines necessity and if it fits, you're acquitted. It sucks being on trial for something you felt was a self defence act but for every case that is a clear defence of necessity of self defence, there are three to four cases that claim self defence but are actually manslaughter or criminal negligence cases.

There's been a couple of cases recently where a farmer shot a thief who was stealing his ATV. The reason he's on trial is that he shot the thief in the back, so no fear of imminent danger to his life and he was found to be chasing them, so no defence of necessity of not being able to escape to safety.

In that scenario my response would have been:

1. Hello, Police? My ATV just got stolen.
2. Hello, Insurance? My ATV just got stolen.
3. Hello, ATV dealer? I need to buy a new ATV got any in stock?
4. Hello, Insurance? Thanks for the cheque for the ATV.
5. Hello, Fred, Wanna go out on the trails with my new ATV?

No need to pay a lawyer...no messy trial.
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