At the end of the day, the court will need to decide:
1. Whether this was a case where the husband was acting to prevent harm to his wife, to defend his property, to prevent the perp from escaping or some combination of the foregoing. In making this determination, the court will consider whether the husband's belief concerning his wife's well-being was reasonable.
2. Depending on the answer to #1, whether the force used in the circumstances was reasonable. There are plenty of factors at play here but, all things being equal, you are arguably permitted to use less force to protect your property than you are to prevent harm to someone else.
If the court finds that it wasn't reasonable for the husband to believe his wife's life was in jeopardy, then perhaps no force was warranted given that the burglar was actively trying to leave the property. The determination will be highly dependent on facts and the testimony of the parties.
The Crown, before it proceeds with a charge, will need to satisfy itself that there is a reasonable likelihood of conviction. That's the test it does internally to decide whether to go ahead with charges laid by the police. They will conduct a further review of the circumstances and decide whether to go ahead with the case against the husband.
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