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Questions over father-son’s ‘rough justice’ amid armed milk bar robbery

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Police are yet to rule out laying charges against the owners of a Melbourne milk bar who fought back during an armed robbery on Sunday night.

Jackie Chen and son Jason were lucky to escape with their lives as the gun went off while they were attempting to disarm the man who was trying to rob their store.

But footage from the incident that emerged last night shows what Nine News labelled “rough justice” dished out by the father-son duo.

“In one way good on them, but I’m not sure if the law will hold that view,” Neil Mitchell said this morning.

Lawyer and Victoria’s former chief magistrate Nick Papas told Neil Mitchell there can often be a fine line between self-defence and assault.

“It’s very difficult,” he said, talking in broad terms.

“Clearly if someone comes into your premises, if they’ve got a gun you’re entitled to protect yourself, your property – you’re entitled to take reasonable and proportionate steps to defend yourself and your property.

“But once you’ve restrained someone — even if they had a gun, even if they shot at you — there comes a point … where you can’t go past restraint and protection of yourself to punishment and retribution.

“That’s a line that needs to be drawn somewhere.”

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