I didnt say the clerk was trying to make a citizen's arrest, I am only keeping that open as an option.
Contrary to you who's apparently already convicted the guy.
Now again, please show me in the Canadian criminal code where you cannot make a citizen's arrest while also holding a bat in your hand.
If you show me the exact statute I will admit I'm wrong, and rest my case
I have already said I haven’t convicted the guy. I have already said I am solely going by what has been reported and that anything can change.
You are introducing specualtion, which is your right. Go for it but then don’t preach that people can only speak only facts. Keep it to facts. So when you can prove the clerk was trying to make a citizens arrest or that those new facts have been entered into the case, I will discuss the statute. That is when it will become important. Not before then.
The only thing important now fact wise is the robber brought a bat and tried to rob a store. The clerk got hit with the bat. The clerk got the bat somehow. The robber ran out of the store and the clerk also ran out of the store. The clerk hit the robber repeatedly with the bat outside of the store. The robber was sent to Toronto for treatment meaning it was most likely severe.
Those are the facts reported so far and the only facts given at the moment. Based on those facts, and those facts alone, the charges for both the clerk and the robber are correct and as far as the law, a self defence claim for the robbery ends when the robber left the store. That’s it, that’s all Philly.