Excessive Self-Protection

In Toronto there's another instance surfacing of an individual seeking to protect himself and those he cares for from an intruder, and being charged with aggravated assault. If convicted of the charge he could be looking at 14 years' imprisonment. A rather sobering experience for someone who reacted in self-defence when faced with the reality that a man had broken into his girlfriend's home and presented as an obvious potential danger to her and her mother.

In a take-charge episode of a young man taking steps to physically protect two women from a potential theft or assault or worse, the 28-year-old took the initiative to confront the intruder. As expected in such situations, this was not a situation where two men struck up an acquaintance and got to know one another. One of them was up to no good, as a threat to the well-being of two women. The other challenged his presence as a criminal, threatening act.

They wrangled physically with one another, rather than take a gentlemanly exercise in hand-shaking and civil introductions. The other option was to cower in the shadows, surreptitiously make an emergency call to 911 and await the eventual presentation of police to take charge of the situation. During which time of waiting anything unforeseen might have occurred.

It was a case of defending the castle of two women, their security and well-being, as well as his own. Presumably he did not query the intruder's intentions, but confronted him and grappled with him since presumably the intruder's reaction would be to escape or to do harm to the one who confronted him. It was his misfortune that the one who confronted him was prepared to defend himself and had a knife in his possession.

Which has led to a charge of stabbing. The guardians of the peace, of public security, insist that the intruder is "fortunate to be alive".

"You can defend your property, you can defend persons in your charge and you can defend yourself. In this case he can make an argument to all three, but he has to use proportional force." Gordon Dykstra, a criminal defence attorney

"The man was charged because it is alleged the stabbing was excessive. It is alleged that he stabbed the man a number of times. He's fortunate to be alive." Constable Tony Vella

The focal point here is that the stab wounds were inflicted on the intruder not only within the dwelling, but outside it, as well. The theory being that once the intruder was outside the dwelling, the door could be been closed and safety obtained. And police alerted to the situation.

All is not completely lost: the accused, a 32-year-old, has been charged with break-and-enter. It's a good bet he won't face the potential of a 14-year sentence.