The comment released by the police does not refer to it as a home invasion. That is my point. I should have clarified my comment “was never mentioned in any article by the police”
Fair point. I’m not sure police would use that language, as it’s not a legal term as far as I know.
Despite what is in the media, I have not seen any evidence that this was anywhere near a ‘home invasion’.
To add to the above point, the guy was charged with break-and-enter, possession of a weapon with intent, and a few others. He was also already wanted by police. But the fact that the homeowner was in the residence, makes it a “home invasion”.
The fact that those two also knew each other adds complexity of the story, for sure. It may even help the defence.
If the only evidence the police have is that the ‘home owner said he broke in’, without any physical evidence of a break in, there is not enough to convict the alleged intruder. If the alleged intruder said ‘he was just visiting to chat about say money or a loan or a mutual lover, and the owner let him in, and a fight ensued’ the police would naturally charge both parties and let the courts decide. If he was let in, there was certainly no ‘home invasion’ until he was asked to go.
For sure, and I agree with all that.
However, the police already charged the guy with break & enter, as well as a weapon charge and one or two other charges. Sounds like they had enough evidence, and only the B&E has to stick for this to be a home invasion. The weapon’s charge doesn’t help the guy, as it shows some intent to harm the homeowner.
Removed by mod
By definition, the unlawful entry of a residence while the residence is still inside is a “home invasion”.
But it’s also in the title of this post, and the homeowner’s lawyer rightfully also refers to it as a home invasion.
Various news outlets use the term “home invasion”, too, including CTV: “Premier speaks out after Ontario resident charged with assault following home invasion” , the Toronto Star:“How much force is reasonable? Lindsay home invasion sparks debate over self-defence laws”, CBC: “Alleged home invasion leaves intruder injured, homeowner facing charges”, and others.
So, yeah.
Removed by mod
Fair point. I’m not sure police would use that language, as it’s not a legal term as far as I know.
To add to the above point, the guy was charged with break-and-enter, possession of a weapon with intent, and a few others. He was also already wanted by police. But the fact that the homeowner was in the residence, makes it a “home invasion”.
The fact that those two also knew each other adds complexity of the story, for sure. It may even help the defence.
Removed by mod
For sure, and I agree with all that.
However, the police already charged the guy with break & enter, as well as a weapon charge and one or two other charges. Sounds like they had enough evidence, and only the B&E has to stick for this to be a home invasion. The weapon’s charge doesn’t help the guy, as it shows some intent to harm the homeowner.
Removed by mod