Go Back   Alberta Outdoorsmen Forum > Main Category > General Discussion

Reply
 
Thread Tools Display Modes
  #1  
Old 04-01-2009, 10:02 PM
slipbobber slipbobber is offline
 
Join Date: May 2007
Posts: 486
Default Brian Knight legal defence fund

By now most people have probably heard of the events that happened on his Tees area farm. As a result of the event Brian has been charged with 7-8 different charges when he should be given a metal for protecting what is his property. A legal defence fund has been set up at the ATB. Transit # 856-219-1186485-01. Account #856-1186485-01. Its funny how the Police used his name in there press release but forgot to mention the names of the three guys stealing his property in the middle of the night.
Reply With Quote
  #2  
Old 04-01-2009, 10:04 PM
Rackmastr Rackmastr is online now
 
Join Date: May 2007
Posts: 7,378
Default

Is this the guy that shot the people who were running away with stolen goods?
Reply With Quote
  #3  
Old 04-01-2009, 10:08 PM
IR_mike IR_mike is offline
 
Join Date: Dec 2008
Location: Iron River
Posts: 4,923
Default

Quote:
Originally Posted by Rackmastr View Post
Is this the guy that shot the people who were running away with stolen goods?
Yes it is.
Reply With Quote
  #4  
Old 04-01-2009, 10:08 PM
slipbobber slipbobber is offline
 
Join Date: May 2007
Posts: 486
Default

Yes it is. Go to the Red Deer Advocate web site and look under provincial news.
Reply With Quote
  #5  
Old 04-01-2009, 10:13 PM
Rackmastr Rackmastr is online now
 
Join Date: May 2007
Posts: 7,378
Default

Deleted

Last edited by Rackmastr; 04-02-2009 at 03:04 PM.
Reply With Quote
  #6  
Old 04-01-2009, 10:20 PM
Cowboy Al's Avatar
Cowboy Al Cowboy Al is offline
 
Join Date: May 2007
Posts: 634
Default

I see there's a couple of different articles about this one names him one doesn't:
http://www.albertalocalnews.com/redd..._42241447.html
http://www.albertalocalnews.com/redd..._41954202.html
While I agree it's BS that the other slugs weren't named could it not do Mr Knight some good to publish his name so people can donate to his defence fund?
For all the other causes I end up throwing a couple of bucks at this is as good as any I'm going to contribute. Heck that could have just of easily been my dad on his farm or maybe even my brother on his. My dad may have been a little slow on the trigger but I could easily see my brother in the same pickle as Mr Knight.
Reply With Quote
  #7  
Old 04-01-2009, 10:33 PM
Jester Jester is offline
Banned
 
Join Date: May 2008
Posts: 1,384
Default

Shooting at someone if your life is in danger is one thing..

Shooting at someone who stole your quad is attempted murder.

Ok then...let the hate begin..
Reply With Quote
  #8  
Old 04-01-2009, 11:46 PM
msawyer msawyer is offline
Banned
 
Join Date: Dec 2008
Posts: 162
Default Defence??

Hello all...

Some of you might remember a few years back when a SW Calgary pharmacist shoot and killed a robber who had attempted to rob his pharmacy... In that instance the robber fled when the pharmacist pulled out a shotgun, had left the pharmacy and was running across the street when the pharmacist chased after him, and fatally shot him in the back as he ran... He was charged (subject to check) with 2nd degree murder, was tried by judge and jury and was acquitted...

Similar circumstances to the current situation except the thief was not killed... There is hope...

Personally, my home has been broken into twice in the last 2 years, my truck has been broken into three times in the same period but on different occasions and I have had items stolen from my yard... I can understand how a person might be inclined to react if they caught the thief(s) in the act... I think a jury would as well...

Best regards

Mike

ps. I have beefed up security since the thefts and so far all is well...
Reply With Quote
  #9  
Old 04-01-2009, 11:53 PM
dances with gophers dances with gophers is offline
 
Join Date: Mar 2009
Posts: 62
Default

these scum are outlaws ie
A fugitive from the law.
A habitual criminal.
A rebel; a nonconformist: a social outlaw.
A person excluded from normal legal protection and rights.

if you operate outside the law , then you shouldnt expect protection by the law . so fair game. Time and time again the law fails ordinary working people.
but gives more rights to the criminal .
remember when seconds count the cops are only (rural ) a couple of days away to file the report
im sure were going to see more of this.
Reply With Quote
  #10  
Old 04-02-2009, 12:21 AM
Tundra Monkey's Avatar
Tundra Monkey Tundra Monkey is offline
 
Join Date: Aug 2007
Location: Prosperous Lake, NT
Posts: 5,593
Default

Why is there a need for a defence fund?

There is different levels of severity that should be settled in the Court. IMO there is a difference between blowing a kid away and taking a shot at them to tell them not to come back.....maybe Mr. Knight stepped over the line...maybe not.

What I suggest he do is go hire a lawyer that doesn't break the bank. Tell him to tell the Judge that he is an accomplished marksman and knows the ballistics and blah blah bla. How he only got him with a few pellets much like just like Dad taught him and how he used to shoot rabbits and only hit them with one or two pellets....."Ya know, so ya don't wreck the pelt yer Honour".

The kid was only in the hospital for a bit.......good shot.

This situation diffused after the gun came out with not much damage. Good thing that the kids ran when he had the gun as it could have turned out a lot worse.

In the end the gun diffused the situation and this is showing gun ownership in a postitive light. Three guys on one without one is not not gonna be good. At the end of the day had he not had the gun he'd be the guy in the ditch. That being said IMO he should have shot a little higher

We have the right to protect ourselves and our property.

If 5000 of us gave $50 the guy would be getting $250 000

I'd walk into the court room and tell them exactly what I did

I would not be paying that kind of $$ to a lawyer.....crap, they give ya one for free if you want

Personally I'd use a friends brother's buddy for $5000 and be done with it...but each to their own.

I don't think we should turn this into a reward system for shooting people and this thread should be used to discuss the details of the case and personal opinions.

If Mr. Knight really wants our help let him come on here and ask and he can show us where the money is going and how much he needs.

Someone more adventurous than I should start a poll on what he should choose between "Judge alone" or "Jury".

I'd choose "Judge alone".

tm

Last edited by Tundra Monkey; 04-02-2009 at 12:37 AM.
Reply With Quote
  #11  
Old 04-02-2009, 03:10 PM
Dakota369's Avatar
Dakota369 Dakota369 is offline
 
Join Date: Sep 2007
Location: Edmonton, AB
Posts: 1,809
Default

Quote:
Originally Posted by Jester View Post
Shooting at someone if your life is in danger is one thing..

Shooting at someone who stole your quad is attempted murder.

Ok then...let the hate begin..
Living up to your name again jester, as well as showing your ignorance......ever been robbed??
Reply With Quote
  #12  
Old 04-02-2009, 03:11 PM
Dakota369's Avatar
Dakota369 Dakota369 is offline
 
Join Date: Sep 2007
Location: Edmonton, AB
Posts: 1,809
Default

Quote:
Originally Posted by dances with gophers View Post
these scum are outlaws ie
A fugitive from the law.
A habitual criminal.
A rebel; a nonconformist: a social outlaw.
A person excluded from normal legal protection and rights.

if you operate outside the law , then you shouldnt expect protection by the law . so fair game. Time and time again the law fails ordinary working people.
but gives more rights to the criminal .
remember when seconds count the cops are only (rural ) a couple of days away to file the report
im sure were going to see more of this.


Well said...........
Reply With Quote
  #13  
Old 04-02-2009, 03:16 PM
surface2feather's Avatar
surface2feather surface2feather is offline
 
Join Date: Sep 2008
Location: Red Deer, AB
Posts: 606
Default jeez...

Quote:
Originally Posted by msawyer View Post
Personally, my home has been broken into twice in the last 2 years, my truck has been broken into three times in the same period but on different occasions and I have had items stolen from my yard... I can understand how a person might be inclined to react if they caught the thief(s) in the act... I think a jury would as well...

Are u from detroit by chance?
__________________
Don't get any gum in your hair.
Reply With Quote
  #14  
Old 04-02-2009, 03:23 PM
Rackmastr Rackmastr is online now
 
Join Date: May 2007
Posts: 7,378
Default

Quote:
Originally Posted by Dakota369 View Post
Living up to your name again jester, as well as showing your ignorance......ever been robbed??
I do find it funny that someone who posted the LEGAL aspect of this (the person used more force than was neccessary) is called ignorant for posting his opinion about the law.

This shooter (whether ethically someone thinks it was right or wrong) broke the law and it would be 'ignorant' to think otherwise. Anyone with a grasp of the Criminal Code would understand that he was in the wrong by doing what he did.

This person will need a good defense and a good lawyer, and should be prepared to state the reasons he did what he did.

Berating someone or calling him 'ignorant' for posting his opinion on someone who used excessive force and broke the law is pretty weak. Whether or not you agree or disagree with what the shooter did is one thing, but Jester's post is a reflection of the laws involved....

***BTW I am not saying I support or am against the actions of the shooter, as thats my own personal opinion and I'll keep it to myself. Merely stating that Jester is correct in the LEGAL aspect....
Reply With Quote
  #15  
Old 04-02-2009, 03:24 PM
stormy stormy is offline
 
Join Date: May 2007
Location: calgary
Posts: 103
Default

you guys are foolish to support this guys actions hope they never let him own a gun again he is a fool like all his supporters
__________________
Reply With Quote
  #16  
Old 04-02-2009, 03:35 PM
hal53's Avatar
hal53 hal53 is offline
 
Join Date: Feb 2009
Location: Lougheed,Ab.
Posts: 12,413
Default

Quote:
Originally Posted by Tundra Monkey View Post
Why is there a need for a defence fund?

There is different levels of severity that should be settled in the Court. IMO there is a difference between blowing a kid away and taking a shot at them to tell them not to come back.....maybe Mr. Knight stepped over the line...maybe not.

What I suggest he do is go hire a lawyer that doesn't break the bank. Tell him to tell the Judge that he is an accomplished marksman and knows the ballistics and blah blah bla. How he only got him with a few pellets much like just like Dad taught him and how he used to shoot rabbits and only hit them with one or two pellets....."Ya know, so ya don't wreck the pelt yer Honour".

The kid was only in the hospital for a bit.......good shot.

This situation diffused after the gun came out with not much damage. Good thing that the kids ran when he had the gun as it could have turned out a lot worse.

In the end the gun diffused the situation and this is showing gun ownership in a postitive light. Three guys on one without one is not not gonna be good. At the end of the day had he not had the gun he'd be the guy in the ditch. That being said IMO he should have shot a little higher

We have the right to protect ourselves and our property.

If 5000 of us gave $50 the guy would be getting $250 000

I'd walk into the court room and tell them exactly what I did

I would not be paying that kind of $$ to a lawyer.....crap, they give ya one for free if you want

Personally I'd use a friends brother's buddy for $5000 and be done with it...but each to their own.

I don't think we should turn this into a reward system for shooting people and this thread should be used to discuss the details of the case and personal opinions.

If Mr. Knight really wants our help let him come on here and ask and he can show us where the money is going and how much he needs.

Someone more adventurous than I should start a poll on what he should choose between "Judge alone" or "Jury".

I'd choose "Judge alone".

tm
Jury all the way...there are no property laws in Canada...Judge would go by the word of law....you have no right here to protect your property!!!...un friggin'-beleivable....what a load???...a jury in Stettler may be a little more sympathetic...
Reply With Quote
  #17  
Old 04-02-2009, 03:39 PM
hal53's Avatar
hal53 hal53 is offline
 
Join Date: Feb 2009
Location: Lougheed,Ab.
Posts: 12,413
Default

Quote:
Originally Posted by stormy View Post
you guys are foolish to support this guys actions hope they never let him own a gun again he is a fool like all his supporters
3 Questions...
1) you own a quad?????
2) you live in the country???
3) if the above two are yes.....where?????
Reply With Quote
  #18  
Old 04-02-2009, 03:54 PM
redneck posse's Avatar
redneck posse redneck posse is offline
 
Join Date: May 2008
Location: third tree from the left second one over
Posts: 1,404
Default

not sure if this is right or not .. but i heard on the news last night, that the three guys are well known to police in the area. and that they have yet to be charged.. what kind of bullsh*t is that??? good message to send to the criminals. steal a quad get caught and no charges will be laid.. wonder which one is the big shots kid..
__________________
you have the right to remain silent, anything you say will be misquoted and used against you.
Reply With Quote
  #19  
Old 04-02-2009, 04:14 PM
Jester Jester is offline
Banned
 
Join Date: May 2008
Posts: 1,384
Default

Quote:
Originally Posted by Dakota369 View Post
Living up to your name again jester, as well as showing your ignorance......ever been robbed??
Do up the top button on your shirt...the Redneck is showing..
Reply With Quote
  #20  
Old 04-02-2009, 04:21 PM
Rackmastr Rackmastr is online now
 
Join Date: May 2007
Posts: 7,378
Default

Quote:
Originally Posted by hal53 View Post
Jury all the way...there are no property laws in Canada...Judge would go by the word of law....you have no right here to protect your property!!!...un friggin'-beleivable....what a load???...a jury in Stettler may be a little more sympathetic...
This statement is wrong. We have property laws in Canada and the Criminal Code allows people to protect their property.
Reply With Quote
  #21  
Old 04-02-2009, 04:28 PM
hal53's Avatar
hal53 hal53 is offline
 
Join Date: Feb 2009
Location: Lougheed,Ab.
Posts: 12,413
Default

Quote:
Originally Posted by Rackmastr View Post
This statement is wrong. We have property laws in Canada and the Criminal Code allows people to protect their property.
hmmmm...okay.....I guess you're right...no argument....sigh.....
Reply With Quote
  #22  
Old 04-02-2009, 04:49 PM
redneck posse's Avatar
redneck posse redneck posse is offline
 
Join Date: May 2008
Location: third tree from the left second one over
Posts: 1,404
Default

rackmaster is right we do have property laws in canada.. there just screwed up if i remember my law class from high school. we can use resonable force to protect our property. but not deadly force. my teacher put it this way..

if the intruder has a knife resonable force is beating the snot out of him with a baseballbat. deadly force is useing a knife or a more powerfull weapon.

dont quote me on this as its been 20 years since grade 12 ..
__________________
you have the right to remain silent, anything you say will be misquoted and used against you.
Reply With Quote
  #23  
Old 04-02-2009, 05:02 PM
hal53's Avatar
hal53 hal53 is offline
 
Join Date: Feb 2009
Location: Lougheed,Ab.
Posts: 12,413
Default

Quote:
Originally Posted by redneck posse View Post
rackmaster is right we do have property laws in canada.. there just screwed up if i remember my law class from high school. we can use resonable force to protect our property. but not deadly force. my teacher put it this way..

if the intruder has a knife resonable force is beating the snot out of him with a baseballbat. deadly force is useing a knife or a more powerfull weapon.

dont quote me on this as its been 20 years since grade 12 ..
thats's why the "sigh" is in there...guess I should have said...we don't have a justice system...we have a legal system.....the criminal has more rights than the accused......sad....exactly why i quit law school.....hard to understand...we pander to these a*****s ...and they know it!!!!!
Reply With Quote
  #24  
Old 04-02-2009, 05:15 PM
Rackmastr Rackmastr is online now
 
Join Date: May 2007
Posts: 7,378
Default

For anyone who wants it....you can see that almost all property laws under the Criminal Code allow people to use as much force as is necessary to prevent a trespasser or a theft from taking place. Protection of property is pretty well laid out, and it spells out that a person may use as much force as is necessary.

Enjoy.....

38. (1) Every one who is in peaceable possession of a personal property, and every one lawfully assisting him, is justified

(a) in preventing a trespasser from taking it, or
(b) in taking it from a trespasser who has taken it,
if he does not strike or cause bodily harm to the trespasser.
(2) Where a person who is in peaceable possession of personal property lays hands on it, a trespasser who persists in attempting to keep it or take it from him or from any one lawfully assisting him shall be deemed to commit an assault without justification or provocation.

39. (1) Every one who is in peaceable possession of a personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary.

(2) Every one who is in peaceable possession of personal property, but does not claim it as a right or does not act under authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it.

40. Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using as much force as is necessary to prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority

41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.

(2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation.

2. (1) Every one is justified in peaceably entering a dwelling-house or real property by day to take possession of it if he, or a person under whose authority he acts, is lawfully entitled to possession of it.

(2) Where a person

(a) not having peaceable possession of a dwelling-house or real property under a claim of right, or
(b) not acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,
assaults a person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shall be deemed to be without justification or provocation.
(3) Where a person

(a) having peaceable possession of a dwelling-house or real property under a claim of right, or
(b) acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,
assaults any person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shalled be deemed to be provoked by the person who is entering.
Reply With Quote
  #25  
Old 04-02-2009, 05:19 PM
redneck posse's Avatar
redneck posse redneck posse is offline
 
Join Date: May 2008
Location: third tree from the left second one over
Posts: 1,404
Default

sorry hal53 guess i misunderstood.. but your right the criminals have more rights than the law abiding citizens
__________________
you have the right to remain silent, anything you say will be misquoted and used against you.
Reply With Quote
  #26  
Old 04-02-2009, 05:23 PM
hal53's Avatar
hal53 hal53 is offline
 
Join Date: Feb 2009
Location: Lougheed,Ab.
Posts: 12,413
Default

Quote:
Originally Posted by Rackmastr View Post
For anyone who wants it....you can see that almost all property laws under the Criminal Code allow people to use as much force as is necessary to prevent a trespasser or a theft from taking place. Protection of property is pretty well laid out, and it spells out that a person may use as much force as is necessary.

Enjoy.....

38. (1) Every one who is in peaceable possession of a personal property, and every one lawfully assisting him, is justified

(a) in preventing a trespasser from taking it, or
(b) in taking it from a trespasser who has taken it,
if he does not strike or cause bodily harm to the trespasser.
(2) Where a person who is in peaceable possession of personal property lays hands on it, a trespasser who persists in attempting to keep it or take it from him or from any one lawfully assisting him shall be deemed to commit an assault without justification or provocation.

39. (1) Every one who is in peaceable possession of a personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary.

(2) Every one who is in peaceable possession of personal property, but does not claim it as a right or does not act under authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it.

40. Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using as much force as is necessary to prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority

41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.

(2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation.

2. (1) Every one is justified in peaceably entering a dwelling-house or real property by day to take possession of it if he, or a person under whose authority he acts, is lawfully entitled to possession of it.

(2) Where a person

(a) not having peaceable possession of a dwelling-house or real property under a claim of right, or
(b) not acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,
assaults a person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shall be deemed to be without justification or provocation.
(3) Where a person

(a) having peaceable possession of a dwelling-house or real property under a claim of right, or
(b) acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,
assaults any person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shalled be deemed to be provoked by the person who is entering.
Yah don't see the "odd loophole" in there??????....usually I totally agree with your thoughts.......but..... too many area there where a Judge can go Hmmmmmm??????
Reply With Quote
  #27  
Old 04-02-2009, 05:25 PM
honda450's Avatar
honda450 honda450 is offline
 
Join Date: Jun 2007
Location: Parts Unknown
Posts: 6,959
Default

Quote:
Originally Posted by redneck posse View Post
sorry hal53 guess i misunderstood.. but your right the criminals have more rights than the law abiding citizens
Seems that way redneck. Well never mind seems it is that way. I lost 3 quads and a truck by thiefs. None ever recovered. Cost me lots of money.
__________________
Smoke or Fire in the Forest Dial 310-FIRE


thegungirl.ca @gmail.com
Reply With Quote
  #28  
Old 04-02-2009, 05:26 PM
Rackmastr Rackmastr is online now
 
Join Date: May 2007
Posts: 7,378
Default

Quote:
Originally Posted by hal53 View Post
Yah don't see the "odd loophole" in there??????....usually I totally agree with your thoughts.......but..... too many area there where a Judge can go Hmmmmmm??????
A guy can find 'loopholes' in any peice of legislation.

I work with the enforcement of over 90 peices of legislation.....I'm well enough versed in the use of force and the application of force. Just stating it for people who DONT understand and stating it quite plainly.

As I said, I am not stating my opinion on the matter, only stating facts and quoting legislation for people who may not know what is out there. There is nothing to 'agree' or disagree with my thoughts. These are not my thoughts, they are legislation and only that.....
Reply With Quote
  #29  
Old 04-02-2009, 05:29 PM
Sporty Sporty is offline
 
Join Date: May 2007
Location: Just North of the 55th Parallel
Posts: 1,336
Default

Since when does theft warrant a death sentence? Hope some of yas don't ever have a loved one that does something stupid like stealing and they get killed for it.

In GP that loser Wiebo Ludwig and his family got off for killing Karmen Willis while she and her friends were joy riding on his farm so this guy shouldn't have too many worries.
Reply With Quote
  #30  
Old 04-02-2009, 05:37 PM
denpacc's Avatar
denpacc denpacc is offline
 
Join Date: Dec 2008
Location: Calgary, Canada
Posts: 688
Default

Quote:
Originally Posted by Rackmastr View Post
For anyone who wants it....you can see that almost all property laws under the Criminal Code allow people to use as much force as is necessary to prevent a trespasser or a theft from taking place. Protection of property is pretty well laid out, and it spells out that a person may use as much force as is necessary.

Enjoy.....

38. (1) Every one who is in peaceable possession of a personal property, and every one lawfully assisting him, is justified

(a) in preventing a trespasser from taking it, or
(b) in taking it from a trespasser who has taken it,
if he does not strike or cause bodily harm to the trespasser.
(2) Where a person who is in peaceable possession of personal property lays hands on it, a trespasser who persists in attempting to keep it or take it from him or from any one lawfully assisting him shall be deemed to commit an assault without justification or provocation.

39. (1) Every one who is in peaceable possession of a personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary.

(2) Every one who is in peaceable possession of personal property, but does not claim it as a right or does not act under authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it.

40. Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using as much force as is necessary to prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority

41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.

(2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation.

2. (1) Every one is justified in peaceably entering a dwelling-house or real property by day to take possession of it if he, or a person under whose authority he acts, is lawfully entitled to possession of it.

(2) Where a person

(a) not having peaceable possession of a dwelling-house or real property under a claim of right, or
(b) not acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,
assaults a person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shall be deemed to be without justification or provocation.
(3) Where a person

(a) having peaceable possession of a dwelling-house or real property under a claim of right, or
(b) acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,
assaults any person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shalled be deemed to be provoked by the person who is entering.
Doesn't 38. 1 (b) "...if he does not strike or cause bodily harm to the trespasser." contradict what you just said about using as much force as necessary? Or am I totally misinterpreting what it states?

Cheers
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -7. The time now is 11:41 AM.


Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.