The irony is that this same police that charges citizens for defending themselves against real violent attacks like this will not hesitate to shoot if they sense any danger. I hope this guy has a good lawyer and that the juries gets it right
Just to clarify 2 points. 1. You absolutely have the right to self defence and this case doesn’t stand for the idea that you can’t defend yourself. Unfortunately the journalist in the video really appeals to the viewers emotions and fails to critically address the legal issues in this video. 2. A procedural note. The police gather evidence against the accused and must satisfy themselves that a crime has likely been committed. The case file and the evidence is passed on to a prosecutor (government lawyer) to independently assess if all the elements of a crime have been satisfied and that the accused committed the said crime and a jury will likely find him guilty. The prosecutor then passes it on the judiciary (judge)who must satisfy themselves that there’s a case to answer. It’s not only the police who decide if you end up in court. If there’s no case to answer, a prosecutor will refuse to take the case and likewise a judge will do the same Finally, what happens often in cases like these is the thief (and his lawyer) file a police complaint that he was assaulted by the student. The police have no choice but to investigate and either dismiss it or pass it up to a prosecutor As for the 14 year sentence, it is just journalist sensationalism. The case hasn’t been heard, we don’t know what the particulars of the charge are. Just because there’s a maximum penalty of 14 years doesn’t mean it will be imposed. The jury will look into mitigating factors. The hard part is going to be justifying why he followed the thief and hit him behind the head when it looks like he wasn’t a threat but also hitting him again when he was on the ground. The technical charge in such a case is “excessive self defence” Saying there’s no right to self defence in Canada is the wrong lesson to take. The law of self defence is almost 2 centuries old and what has happened here is not new. It’s been adjudicated many times over the past 2 centuries. As a lawyer I would counsel caution and wait for the facts to become clearer. My personal hope is this student is acquitted. But at the same time his lawyer is either not very experienced or not good at all. Rule number 1 in criminal law is the student should not be speaking to the media. It’s easy to make self incriminating statements. The prosecution are definitely going to use this interview in evidence
Pls this is self defense and Canadian government should be ashamed of themselves because in America self defense is allowed and the government should change the nonsense law. The police chief should be ashamed of himself shame, shame and shame.
When I worked as a cashier in a retail store here. we were trained that if a case of robbery happens, allow them to take what they want, lie down on the floor and concentrate on saving yourself. If you are far from where the robbery is going on, suppose you went for a break or left your work position, flee to safty and call for help. If you have worked here, you will understand that employers try to avoid paying out liabilities too. In my opinion, in this case, the robber was out of the store already. All he had to do was to lock up hide and call for help, and coneout only when the cops are there. Anyways, I hope he finds favour and the case dismissed
The enforcement of law in Canada is crazy and I can never understand how it works. However, if that video is played, it’s an indictment on the clerk, painfully so. That’s what they will see. At the time the clerk hit him, he was already calm. If the clerk had returned the hit immediately it will be self defense. That’s the foolery of law. And again he’s an international student, the odds are against him.
From the video yes, those on ground ascertain that the man in question threatened to use a knife on the clerk which he had drawn out. Two sides, either the clerk reenters the store and locks the door. Or he just waits inside to be struck or stabbed. Whichever comes first.
It would have been self defense if the clerk had hit the Robber while in the store and his life was still threatened. However, jn the video from the store, the Robber was already overpowered and sent out of the store, hence no longer a threat to the clerk. Thats why its no longer self defense.
@@AsyDarlynVlogsthat’s the maximum sentence for the offence he has been charged with. However, even in the event he is found guilty it’s unlikely that he would receive that sentence as there are mitigating circumstances that will be taken into account and he would (if convicted) get a reduced sentence.
Yeah that’s for those that have been told. The case reads new international student working night shift. So was the onus was on the shop owner to inform him or on him to have asked the right questions?
Exactly this. However we don’t know what the guy was told. Personally I would have let them take whatever the hell they wanted and then call the police once they have left. It’s not even my property. The worse case scenario is that I would loose my job. However I’d rather loose my job than get injured or loose my life. Maybe in India they would be expected to defend the property.
@@njidekaeberechukwu6789 the guy was already retreating at that point when the student hit him and no longer posed a risk. To use self defence as defence the person had to be posing a current an imminent risk. If the person is retreating and backing away they no longer pose a risk. If you punch me and then run away I can’t chase you down and hit you and then say it’s self defence because you were no longer a threat to me.
The sentence is insane, however in law the guy was no longer a threat to him because he was leaving and he attacked him from the back that's the problem.. But there absolute bias in this case. He panicked and acted out of fear.
Lol. That's Canada for you. If self defense is encouraged, then we'll definitely see tremendous fights and exchange of blows on every nook and cranny of Canada... Canada would become United States where everyone can have a gun and utilize it in self defense. Some laws of the country are obviously weird, however, that's how they've maintained the sanity in their country so far. It's unfortunate for the student. However one slang/quote every new immigrant in Canada must always remember is "Ignorance is not an excuse" Whenever you find yourself in Rome, you endeavour to behave like a Roman. I however hope the student is exonerated.
There is something more to what you have just described. Canada is becoming more and more linient remember they previously owned guns and crime was still down. Its just after the trudeau gov banned guns crime has been increasing and the reason for that is that they are incentivizing criminals to commit crime!.
The current Canada I’m experiencing is not what you described sha. This country is currently lawless and crime is almost never punished. So why should anyone not commit crime???
There is reasonable force. You can use reasonable force to defend yourself. The force you use must be proportional to the risk. What is considered to be reasonable force is for the courts to decide.
Abeg dey hold your Canada, I no dey come again. I go only visit, but to relocate there, no way. I don’t want to raise my family in such a sorry society.
The robber went with a pre-meditated intent to cause harm, he did not care if the store clerk was injured or lost his life. Was he fuelled by drugs prior to going in there or was he in that state where he was craving a hit? Had he previously known that the store clerk was a foreigner, not white and therefore in the robber’s mind, either someone who had no standing in Canada and would allow the robber the opportunity to to do whatever he wanted? He received what he dished out, he hit the student twice on the head and once on the back and threatened him with a knife and the same, excluding the knife threat, was done to him and he gets better treatment from the authorities. Wow! If the case is in court, why has the Chief of Police posted on social media? Trying to prejudice the case and sway the jurors to the State’s side? This is totally wrong. May justice be tempered with mercy and the case be thrown out and the student not only issued an apology, but also given compensation and Peterbrough grants him immediate PR.
Lol the law is adjusted as it fits, just unfortunate. See the case of Hodan Hashi in Sask, or the boy that was having a mental episode in Winnipeg last year. Such a shame
Honestly, where is humanity? where has our sense of judgment? How will I allow somebody to hit me that hard and I will allow him go scout free. mehn i go bit aaam no be small.
He could have had internal bleeding or brain damage and that robber would still get just 14months cos he’s also an addict and drug use is decriminalized. So worst case they’d send him to rehab
The worst thing be say dem no even strong o better beating wey black man go slap one oyibo na die o me wey shop better plantain God abeg o help me make I follow peace with all men and people that come my way with my husband and children make na peaceful people in Jesus name amen.
Habibi, come to Dubai. I reside in one of the safest countries globally. Here, children are free to be children, where 10-year-old boys can play football on the streets until 2 am without their parents fearing for their safety. It's a place that holds onto its moral values tightly. Our girls and mothers are treated with utmost respect. Family life is cherished and valued. God bless the United Arab Emirates. Canada is overrated. 💯
The irony is that this same police that charges citizens for defending themselves against real violent attacks like this will not hesitate to shoot if they sense any danger.
I hope this guy has a good lawyer and that the juries gets it right
Just to clarify 2 points.
1. You absolutely have the right to self defence and this case doesn’t stand for the idea that you can’t defend yourself. Unfortunately the journalist in the video really appeals to the viewers emotions and fails to critically address the legal issues in this video.
2. A procedural note. The police gather evidence against the accused and must satisfy themselves that a crime has likely been committed. The case file and the evidence is passed on to a prosecutor (government lawyer) to independently assess if all the elements of a crime have been satisfied and that the accused committed the said crime and a jury will likely find him guilty. The prosecutor then passes it on the judiciary (judge)who must satisfy themselves that there’s a case to answer. It’s not only the police who decide if you end up in court. If there’s no case to answer, a prosecutor will refuse to take the case and likewise a judge will do the same
Finally, what happens often in cases like these is the thief (and his lawyer) file a police complaint that he was assaulted by the student. The police have no choice but to investigate and either dismiss it or pass it up to a prosecutor
As for the 14 year sentence, it is just journalist sensationalism. The case hasn’t been heard, we don’t know what the particulars of the charge are. Just because there’s a maximum penalty of 14 years doesn’t mean it will be imposed. The jury will look into mitigating factors.
The hard part is going to be justifying why he followed the thief and hit him behind the head when it looks like he wasn’t a threat but also hitting him again when he was on the ground. The technical charge in such a case is “excessive self defence”
Saying there’s no right to self defence in Canada is the wrong lesson to take. The law of self defence is almost 2 centuries old and what has happened here is not new. It’s been adjudicated many times over the past 2 centuries.
As a lawyer I would counsel caution and wait for the facts to become clearer. My personal hope is this student is acquitted. But at the same time his lawyer is either not very experienced or not good at all. Rule number 1 in criminal law is the student should not be speaking to the media. It’s easy to make self incriminating statements. The prosecution are definitely going to use this interview in evidence
Thanks for your comment
Hmmmm
Pls this is self defense and Canadian government should be ashamed of themselves because in America self defense is allowed and the government should change the nonsense law. The police chief should be ashamed of himself shame, shame and shame.
Canada is a liberal country. He knew where he was going.
When I worked as a cashier in a retail store here. we were trained that if a case of robbery happens, allow them to take what they want, lie down on the floor and concentrate on saving yourself. If you are far from where the robbery is going on, suppose you went for a break or left your work position, flee to safty and call for help.
If you have worked here, you will understand that employers try to avoid paying out liabilities too.
In my opinion, in this case, the robber was out of the store already. All he had to do was to lock up hide and call for help, and coneout only when the cops are there.
Anyways, I hope he finds favour and the case dismissed
😮😮14months for armed robber then 14years likely for the victim 😢 this is a huge mess!
Truly sad
The enforcement of law in Canada is crazy and I can never understand how it works.
However, if that video is played, it’s an indictment on the clerk, painfully so. That’s what they will see. At the time the clerk hit him, he was already calm. If the clerk had returned the hit immediately it will be self defense. That’s the foolery of law.
And again he’s an international student, the odds are against him.
From the video yes, those on ground ascertain that the man in question threatened to use a knife on the clerk which he had drawn out.
Two sides, either the clerk reenters the store and locks the door. Or he just waits inside to be struck or stabbed. Whichever comes first.
Canada no be am, simple. I will still defend myself. Better in prison than the morgue.
Omo!! Na to just pray to no jam wahala cos I cannot guarantee that I won’t do the same.
It would have been self defense if the clerk had hit the Robber while in the store and his life was still threatened. However, jn the video from the store, the Robber was already overpowered and sent out of the store, hence no longer a threat to the clerk. Thats why its no longer self defense.
You took the words right out of my mouth. You are 100% correct
It however cannot be seen as assault that warrants 14years imprisonment since the robber struck him inside the store and got 14months.
@@AsyDarlynVlogs Exactly 14 years is crazyyyy
@@AsyDarlynVlogsthat’s the maximum sentence for the offence he has been charged with. However, even in the event he is found guilty it’s unlikely that he would receive that sentence as there are mitigating circumstances that will be taken into account and he would (if convicted) get a reduced sentence.
Customer service and loss Prevention, you are told not to fight arm robbery let them do what ever they want, call the security police
Yeah that’s for those that have been told.
The case reads new international student working night shift. So was the onus was on the shop owner to inform him or on him to have asked the right questions?
Exactly this. However we don’t know what the guy was told. Personally I would have let them take whatever the hell they wanted and then call the police once they have left. It’s not even my property. The worse case scenario is that I would loose my job. However I’d rather loose my job than get injured or loose my life. Maybe in India they would be expected to defend the property.
The guy hit him first hence, the self defense
@@njidekaeberechukwu6789 the guy was already retreating at that point when the student hit him and no longer posed a risk. To use self defence as defence the person had to be posing a current an imminent risk. If the person is retreating and backing away they no longer pose a risk. If you punch me and then run away I can’t chase you down and hit you and then say it’s self defence because you were no longer a threat to me.
Canada is this messy ? And people r here dying to go to Canada 😢 ...wow funny country
We want them to come😩😩 so we can be plenty. Because sometimes it will be like you’re the only one seeing things
The sentence is insane, however in law the guy was no longer a threat to him because he was leaving and he attacked him from the back that's the problem.. But there absolute bias in this case. He panicked and acted out of fear.
Hopefully the lawyer uses that. The police just want to mess this guy up
Lol.
That's Canada for you.
If self defense is encouraged, then we'll definitely see tremendous fights and exchange of blows on every nook and cranny of Canada... Canada would become United States where everyone can have a gun and utilize it in self defense.
Some laws of the country are obviously weird, however, that's how they've maintained the sanity in their country so far.
It's unfortunate for the student.
However one slang/quote every new immigrant in Canada must always remember is "Ignorance is not an excuse"
Whenever you find yourself in Rome, you endeavour to behave like a Roman.
I however hope the student is exonerated.
There is something more to what you have just described. Canada is becoming more and more linient remember they previously owned guns and crime was still down. Its just after the trudeau gov banned guns crime has been increasing and the reason for that is that they are incentivizing criminals to commit crime!.
Word!
The current Canada I’m experiencing is not what you described sha. This country is currently lawless and crime is almost never punished. So why should anyone not commit crime???
This is really very sad...how can self defense be a crime...madness !
Na wa o! Crazy things are happening!
As in ehhh!! We learn everyday
There is reasonable force. You can use reasonable force to defend yourself. The force you use must be proportional to the risk. What is considered to be reasonable force is for the courts to decide.
Good to know
Crazy! I’m speechless
I’ve just been weak!!
Abeg dey hold your Canada, I no dey come again. I go only visit, but to relocate there, no way. I don’t want to raise my family in such a sorry society.
That's madness Canada.
Sadly!
The robber went with a pre-meditated intent to cause harm, he did not care if the store clerk was injured or lost his life. Was he fuelled by drugs prior to going in there or was he in that state where he was craving a hit? Had he previously known that the store clerk was a foreigner, not white and therefore in the robber’s mind, either someone who had no standing in Canada and would allow the robber the opportunity to to do whatever he wanted? He received what he dished out, he hit the student twice on the head and once on the back and threatened him with a knife and the same, excluding the knife threat, was done to him and he gets better treatment from the authorities. Wow!
If the case is in court, why has the Chief of Police posted on social media? Trying to prejudice the case and sway the jurors to the State’s side? This is totally wrong. May justice be tempered with mercy and the case be thrown out and the student not only issued an apology, but also given compensation and Peterbrough grants him immediate PR.
Exactly!!! The laws here are so weird, I’m sure legal experts from other parts of the world can see the discrepancies
Lol the law is adjusted as it fits, just unfortunate. See the case of Hodan Hashi in Sask, or the boy that was having a mental episode in Winnipeg last year. Such a shame
Unfortunately, hitting the white guy, definitely made the situation worse for the poor student.
Being an international student made it worse. Cos he’s not a citizen
Crazy things are happening
As in ehhh!!!
This country is out this world 😮
We need a new planet for Canada 😂
Honestly, where is humanity? where has our sense of judgment? How will I allow somebody to hit me that hard and I will allow him go scout free. mehn i go bit aaam no be small.
He could have had internal bleeding or brain damage and that robber would still get just 14months cos he’s also an addict and drug use is decriminalized. So worst case they’d send him to rehab
Madness
All his money, hopes and dreams gone
Is their brain in reverse gear
The worst thing be say dem no even strong o better beating wey black man go slap one oyibo na die o me wey shop better plantain God abeg o help me make I follow peace with all men and people that come my way with my husband and children make na peaceful people in Jesus name amen.
😅😂😂😂😂 no strength
Where is Circle K in all this?
Exactly!!!!! Seems they just left him out to dry
This is absolutely Nonsense
Absolute nonsense!!
Hmmmm! Na wa o
Saner climes🤣
First to like and comment 😉😊
Osheyyy!!!
This people are crazy and hypocritical
Very! Unfortunately.
Habibi, come to Dubai.
I reside in one of the safest countries globally.
Here, children are free to be children, where 10-year-old boys can play football on the streets until 2 am without their parents fearing for their safety.
It's a place that holds onto its moral values tightly.
Our girls and mothers are treated with utmost respect.
Family life is cherished and valued.
God bless the United Arab Emirates.
Canada is overrated. 💯
I'm this close to changing my mind about Canada and coming to Dubai