red_bus wrote:
It isn't true - I think he was joking.  

Didnt seem like it to me.  And from some of the articles I have read in the Telegraph or from other U.K. news sources regarding assault, breaking and entering, etc. I would not be surprised that it was the case...or at least close to it.

I'm sure most people in England probably bust a gasket every time they read a news story about someone in the U.S. shooting their next door neighbor because their dog kept pooping in their yard (true story, just read about it the other day).

Kingofpain89 wrote:
Didnt seem like it to me.  And from some of the articles I have read in the Telegraph or from other U.K. news sources regarding assault, breaking and entering, etc. I would not be surprised that it was the case...or at least close to it.

I'm sure most people in England probably bust a gasket every time they read a news story about someone in the U.S. shooting their next door neighbor because their dog kept pooping in their yard (true story, just read about it the other day).

Laws in Canada follow British common law closely:  the application of force as a defence will succeed if the conduct is considered an established excuse or justification.  

The Supreme Court of Canada did revise its policy somewhat for minor cases, and determined that if the conduct has, "positive social value," or where only, "minor hurt or trivial bodily harm" results, the defendant is probably in the clear.  Martin, I think you're beat-down of this moron is a clear case of, "positive social value."

Martin nice to read you acted with restraint, prevented harm to the woman, and got a free sandwich.  

All my best,

Paul

If I have a choice I choose not to fight.  However, when presented with only the one choice I do not tend to hesitate.  I'm really not that good a fighter - not that bad either.  The guy was my height but only weighed about 190.  

I was a little nervous that the cops would find some reason to haul me down to the jail but they were pretty cool about it.

King - the next time I see you, if you got a beard and large earrings your going down pal!!

2011 at least has started out interesting.

martin

Very Cool!

Knocked out a meatball and walked out with a free meatball.    

Well done, Martin!  You are the man.

red_bus wrote:I would imagine that the same is true in the US or any country with well developed legal systems.  I am not sure that a news clipping will help you with a definite answer.

A case from Texas:

http://www.nytimes.com/1994/03/08/us/in ... iller.html

A second case - this one from Washington State (second article down):

http://www.spokesman.com/stories/2006/f ... ugly-duck/

Kingofpain89 wrote:Seriously? If that is true it is the dumbest thing I have ever heard. Lets say you get into a fight with some jackass that's been drinking a bit too much. Maybe he tried to fondle your wife or something and you called him an asshole, so he threw a punch at you. Unless the dirtbag has a weapon or alot of friends, who in their right mind runs away? I would instinctively try to grab the prick around the neck and slam him to the ground, kick him in the nuts or punch him square in the nose. So a few minutes later, a cop shows up and starts asking questions. Is the first question he asks seriously going to be "Were you retreating from him at the time you kicked his ass?"

:

The "Law of Equal Force" (not really a law, more of a concept) holds that if an assailant uses what is considered "deadly force" against you, you are allowed to reply in kind. That can be very loosely interpreted, but generally in the past items like baseball bats, logs, fireplace pokers, etc have been considered deadly weapons and you are allowed to put a bullet in the guy comibng at you holding such with no problems.  However, it really depends on what kind of grand jury is there and where you are located. I'd say pretty much anywhere in Texas they aren't going to have much trouble if you pop a cap in some dumbass coming at you with a baseball bat wanting to bash your head in.  Cases in Texas have allowed guys, for example, to shoot unarmed burglars at neighbor's houses that were actually leaving the scene of the crime with no reprercussions.  The only time I think there would be a question was if the grand jury somehow thought you weren't actually in danger by being attacked....say, for example, you are a 6'5 marine with a black belt in karate and the guy coming at you has a fork and is 5'1.  The grand jury might think you had other options but to put a bullet in the guy. Or say the attacker is in a wheelchair holding a bat, or a young woman, etc.  They usually take these bits of info into account.  But generally (especially here in Texas) there will have to be some pretty compelling evidence to the contrary before they will charge someone being attacked with murder if someone is coming at them with the intent to injure or kill.

Now, in our more liberal states (WashingtonDC, The People's Republic of California, Mass) I wouldn't be surprised to see a someone thrown to the wolves if the grand jury thinks it can curry left wing supporters by charging a gun owner with murder, justified or not.  Remember there are still places out there where you aren't allowed to shoot anyone breaking into your house if they aren't exactly inside, or breaking into and stealing your car, or running away from you after burglarizing your house (are all legal kills here in Texas due to the Castle Law, whoop!). Remember it's not that long ago even in Texas you were urged by cops to "Make sure you drag the bastard inside after you shoot him" when advising people of their rights in case of a break in or assault in their own house!

So generally, the more conservative makeup of the area you commit the crime in (thus, more conservative the makeup of the grand jury), the better chance you have of walking on an incident like this.  The more liberal an area you live in, the less likely they are going to give you any benefit of the doubt, if not make an example of you.  

I'm sure most people in England probably bust a gasket every time they read a news story about someone in the U.S. shooting their next door neighbor because their dog kept pooping in their yard (true story, just read about it the other day).

Seriously, I keep finding piles of shit in my front yard, and if I catch the shithead letting his dog do that in my yard, I'd be mighty tempted to "make him dance" and shoot a few holes in the ground near his feet (I'd shoot the dog, but that would just get PETA on my ass and it's not the dogs fault anyway his owner is such a asshat)

Mike B.

I think if I had got the girl I might have become the villian.  Not sure she was 18.  Look like a High School kid to me.

She was scared out of her mind.  

Martin

I love the idea.  But you will not see me in tights anytime soon.

Martin