In a surprising result, the latest match between home invaders and home owners resulted in a decisive win for the home owners:
A home invasion in this bustling hamlet east of Calgary early Thursday morning ended with one of the invaders dead and the second in critical condition in hospital.
Two men forcibly entered a home and burst into a bedroom where a 35-year-old man and his 24-year-old girlfriend were asleep.
When it ended, the 32-year-old attacker was dead and his accomplice, 27, was eventually taken to hospital with stab wounds where he was listed in serious condition.
"It is an unusual case. It doesn't happen very often to have a home invasion where you have an attacker who ends up deceased," said RCMP Cpl. Patricia Neely. "It is pretty rare."
Of course, this is Canada, where the rights of the criminal often seem to trump those of their intended victim:
The police investigation will now try to determine what precipitated the attack. There is no indication whether the death of the home invader could be described as a murder, said Neely.
"I think if people enter your home at 3:30 in the morning it's not for a cup of tea and there was probably some nefarious component to the entry," she said.
"The Criminal Code authorizes people to use as much force as necessary to protect themselves and their property."
"However, that force must be the minimum amount necessary. Obviously this person had a right to protect himself but the investigation will focus on whether or not he used the minimum amount of force necessary to ensure his safety and that of the other person in the home," she added.
Unless there is clear evidence of premeditation on the part of the home owner, the Crown should not be automatically assuming that cases like this mean that the person defending their life and property is culpable. (And no, "premeditation" in this context would not include "owning a weapon".)
Posted by Nicholas at January 4, 2008 08:47 AM
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