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And that's the problem I have. Why in the world does the land owner have to prove anything. The land owner did nothing wrong. Let the person prove that he was legit. Any respectful hunter would try to follow the rules as best they can. If its an honest mistake or an infraction of convenience and you get caught fess up admit your mistake and make restitution. Don't get the crap of trying to blame everyone but themselves.Quote:
Originally Posted by tracker
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So how would a landowner prove to the courts where his property line is? Just asking
Bring a copy of his title and survey??
Look at the wording under the TPA. If the property line is not fenced, planted or signed, there is likely no offence. However, the OP hasn't answered how the property line was marked, so I am guessing it was fenced or similar.
I have access to 100 acres and 2 of the 5 stands are within 50 yards of the property line. No sense putting stands in the middle of the property if the deer aren't there. Also if you are hunting the property edge that means the deer you shoot has the full length of your property to fall in.
John
I am lucky to hunt an entire block where I bow hunt. A deer would have to run over 1000 yards before it hit a road or the next property. If I lose a deer on my property it's my fault & it would have to be a bad shot.
I have said this many times but this is where shot placement is critical. The OP said he shot the deer when it was facing him. This is a very low percentage shot & he should have waited for a better shot or let the deer walk. I know it's easier said than done when the moment of truth is upon us & buck-doe fever set's in but we owe it to the animals we shoot to put them down as quickly as possible.
I hope this post serves as a lesson to the hunters just starting out.
Find out who owns adjoining property's & ask for permission to retrive your deer in advance of this happening. Most farmers would allow it & would not want to see a deer rot in there bush or field.
Ensure you do all you can to put an arrow through the lungs or heart only. Frontal shot's althogh some-times work it's best to let them turn for that ideal shot or let them go....
Learn from the mistakes that others have made so it doesn't happen to you...
Unless it runs the other way...in which case 50 yards would put it off the property...Quote:
Originally Posted by johnjyb
Good advice for people getting started.Quote:
Originally Posted by bellerivercrossbowhunter
I don't even like the frontal shot with a rifle...but I'll take it.
The other issue with a frontal shot is that there are really good odds the deer is looking at you.
That is an awful long list of potential charges. If the Crown dumps Obstruction on you, I'd go see a lawyer.Quote:
Originally Posted by Sparky494
Most (experienced) Crowns are pretty darn good at picking apart people's 'view' of what transpired. If you're going to go to court, you better have your facts airtight.
Agreed, but the landowner becomes a witness for the crown to prove his case. As for bringing a copy of a survey it better be a certified copy. The CO did not lay any charges because he is not sure if there is an offence that can get a conviction and thats why he has to contact the crown. Most cases in courts are paid because it is cheaper and the easy way out. If you ever had the pleasure of working in the legal system you would understand that not all charges put before the courts are violations. Like mentioned earlier the OP better make detailed notes and pictures in case this goes to a trial a year or longer from the offence date. Fight It.Quote:
Originally Posted by finsfurfeathers
An officer had better have Reasonable and probable grounds that an offense has been committed before laying a charge. If they lay a charge knowing that an offence was not committed it may be malicious prosecution which would be a criminal matter for the officer.Quote:
If you ever had the pleasure of working in the legal system you would understand that not all charges put before the courts are violations