Punishment for farmer who shot thief does not fit the crime: lawyer

The Alberta Court of Appeal has reserved decision in the case of a farmer who doesn’t want to spend his weekends in jail for shooting and wounding a would-be thief.

CALGARY — The Alberta Court of Appeal has reserved decision in the case of a farmer who doesn’t want to spend his weekends in jail for shooting and wounding a would-be thief.

Brian Knight, who is 41, pleaded guilty to criminal negligence causing bodily harm after he shot a man trying to steal an all-terrain vehicle from his property near Tees, Alta., three years ago.

Knight was sentenced last October to 90 days in jail to be served on weekends, but his lawyer came before the high court Wednesday to seek a conditional discharge.

Balfour Der argued that his client was well within his rights to chase down the thief and that the punishment does not fit the crime.

The Crown argued that the initial sentence is appropriate.

It could be several months before the appeal court issues a ruling.

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