tag:blogger.com,1999:blog-2156536327610779049.post6195691178045728347..comments2024-02-23T11:23:45.971-05:00Comments on Lost Motorcyclist: Would You Steal This Helmet?Lost Motorcyclisthttp://www.blogger.com/profile/08873504561959138792noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-2156536327610779049.post-55643911517071267652010-10-10T11:55:08.337-04:002010-10-10T11:55:08.337-04:00I didn't intend to say that Chen was exercisin...I didn't intend to say that Chen was exercising vigilante justice, it just came out that way.<br /><br />I think Bennett's defence went something like this "Hey man, it's only some #$%@&^%$#&%n' PLANTS!"<br /><br />So from that insight as to how his brain works, he may think differently about a helmet on motorcycle (with people nearby).<br /><br />Also, the "after the fact" argument is pretty thin when a thief keeps returning for more loads. In that case I would argue "ongoing theft" or "open-ended operation".Lost Motorcyclisthttps://www.blogger.com/profile/08873504561959138792noreply@blogger.comtag:blogger.com,1999:blog-2156536327610779049.post-7297142719226297582010-10-10T09:44:31.420-04:002010-10-10T09:44:31.420-04:00You write, 'The fact is, that no matter how mu...You write, '<i>The fact is, that no matter how much we may deplore vigilante justice, law and order does not, cannot, depend on police alone.</i>'<br /><br />In fact, this is <b>not</b> about 'vigilante justice' - it is about citizens' rights under the <a href="http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#PART_XVI_COMPELLING_APPEARANCE_OF_ACCUSED_BEFORE_A_JUSTICE_AND_INTERIM_RELEASE_2890470" rel="nofollow">Canada Criminal Code</a>.<br /><br />Section 494, in part, reads:<br /><br /><i><b>Arrest by owner, etc., of property</b> ...<br />(2) Any one who is<br /> (a) the owner or a person in lawful possession of property, or<br /> (b) a person authorized by the owner or by a person in lawful possession of property,<br />may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.</i><br /><br />Chen may well have been within his rights to detain Bennett, in the execution of a 'Theft' (under Section 322) and hold him until the arrival the police. In fact, this provision in the Criminal Code is the one relied on by all security guards in dealing with shoplifters, &c.<br /><br />The first issue is whether or not Bennett was arrested while '<i>committing a criminal offence</i>.' The police and the Crown contend that the arrest was 'after the fact.'<br /><br />The second issue is whether 'reasonable force' was used in that apprehension. In the Chen case, the Crown contends that Chen and two of his employees used excessive force (although Bennett suffered only a minor injury to his thumb).<br /><br />The outcome of Chen's case will, of course, depend on <a href="http://www.theglobeandmail.com/news/national/toronto/chinatown-grocer-tells-court-the-thief-assaulted-him/article1748512/" rel="nofollow">evidence</a> presented to the court.<br /><br />But I expect that Bennett would not have been as quick to lift a motorcycle helmet from a Harley surrounded by dudes in black t-shirts <b>;-)</b>Madeyehttps://www.blogger.com/profile/02593933575568389288noreply@blogger.com