Quote:
Originally Posted by fredr123
The facts, from what we can piece together in the various articles, aren't entirely clear. It sounds like the home owners came home to find a car in their driveway and lights on in the house. The parked behind the mysterious car to prevent its escape (perhaps part of the problem right there). Then it sounds like they went into the house and found the place to be ransacked. The wife was in the garage calling 911 while the husband went outside to confront the perp. The perp was ramming the car behind him attempting to escape, presumably. Husband's lawyer said husband feared the perp was going to drive forward through the garage where his wife was and thus smacked the perp with the hatchet. Twice.
A bunch of sections of the Criminal Code might be applicable:
The common theme is that these defences are only available where the defendant, in this case the husband, uses no more force than is reasonably necessary. I'm guessing the burglar's face was pretty gruesome by the time the homeowner was done pounding on him and the extent of his injuries lead the police officers to the conclusion that excessive force was utilized.
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Im sure it was...but i still dont see it as "excessive"...I mean the guy ran away, so he couldnt have been in that bad of shape other than some missing teeth and probably cut and bleeding like a stuck pig.
I understand you are just explaining things as they may be, and thats something that this story may need, a little more info. But the part of parking behind the car in his own driveway as being part of the problem makes no sense...its his driveway/property and he should be allowed to park where ever he feels like...no?