In a move that acknowledges the difficulty of prosecuting people who feel forced to act in self-defence, Crown attorneys have dropped two gun charges against an Ontario man who shot at masked intruders firebombing his home, saying they had no "reasonable prospect of conviction."This is not the first time when a man who had to use force to defend himself and his property ends up being treated like a criminal while the real criminal either walks out free or gets away with a slap on the wrist. A similar incident (when a Toronto store owner was charged with with assault and unlawful confinement for merely trying to stop a known shoplifter,) prompted the government to introduce bill C-60, that would simplify the Criminal Code provisions relating to the defense of property and persons. Hopefully, the bill gets a chance to pass before the leftie politicians (those that regards criminals as victims and successful law-abiding citizens as oppressors) bring us a snap election.
The rules around self-defence in Canada are "complex," prosecutors said, and courts have "repeatedly" established that victims can't be expected to thoughtfully examine all consequences of using deadly force while under attack.
Prosecutors say Mr. Thomson, 53, grabbed a .38 handgun and ran out his front door, firing three shots toward the arsonists, who ran off uninjured. Four men face arson charges in the firebombing.
Police charged Mr. Thomson with four gun offences, but on Wednesday, Crown prosecutors withdrew the most serious charges of pointing and using a firearm.
Mr. Thomson hailed the Crown's decision to drop the charges as a victory, but said he is still determined to fight two remaining charges of careless storage of a firearm, which carry a maximum penalty of jail time.
Monday, March 7, 2011
Finally, the prosecutors have realized that self-defense is not a crime: