Quote:
Originally Posted by seakrait  ^^^ 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 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.
You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today!
The banners on the left side and below do not show for registered users!
