Sep 01, 2012 2:33 AM GMT
And yet there are those including Canadians like meninlove who don't believe that so called "castle" laws are required.
Stabbing an intruder: Is it self-defence or assault?
Moses Mahilal and his girlfriend, Sarah Walsh, sensed trouble as they entered her mother’s house just after 3 a.m. on July 31, 2011, and found the side door ajar.
They became even more alarmed when they saw a large pair of black, high-top Air Jordans at the bottom of the staircase leading to the second floor, where her mother, Kimberly Walsh, was asleep.
Mahilal, 26, made a beeline for the kitchen, grabbed a large knife and ran upstairs, where he confronted the intruder hiding behind the door of Kimberly Walsh’s bedroom.
Within minutes, the wounded intruder, Kino Johnson, 33, was gone, and hours later Mahilal, was under arrest and charged with aggravated assault. A preliminary hearing is set for Sept. 11.
The case highlights the much-debated subject of how much force is too much when a stranger attempts to steal your property or break into your house.
Johnson has already admitted he was unlawfully inside the upscale home near Keele St. and Eglinton Ave. W. On June 28, he pleaded guilty in Ontario Superior Court to break and enter and two counts of possessing stolen property, including jewelry taken after he broke into an unoccupied Finch Ave. W. highrise apartment.
Johnson “gained access by unknown means” to the Walsh residence, and once inside, “one of the victims armed himself for safety,” Crown attorney David Fisher said, reading from an agreed statement of facts.
A “struggle ensued,” and Johnson received a stab wound to his chest and lacerations to his hand and leg, Fisher said.