Police refuse to rule out charging father and son who allegedly beat armed robber to prevent hold-up

Victoria Police have not yet said whether they will lay charges against a pair of Melbourne shopkeepers who fought back against a gunman who tried to rob them.

Police said they are still investigating the circumstances around the attempted robbery in Melbourne’s northern suburb of Hadfield on Sunday night. 

Store owner Jackie Chen and his son Jason said they were lucky to be alive after a gunman’s firearm allegedly went off as they fought to stop their store being robbed.

The moment they fought back against a group of robbers armed with a gun and what appears to be a taser was caught in terrifying camera footage.

Four armed thugs allegedly stormed the supermarket on North Street shortly before 9pm on Sunday, according to reports and video of the incident.

One of the men, allegedly armed with a gun, demanded money, but the shopkeepers refused. 

The man with the gun shouted ‘Sit down, don’t move. You move, I kill you,’ Jackie Chen told Nine News.

Immediately Mr Chen swung into action, striking the man several times with a large pole.

The North Street supermarket in Hadfield, Melbourne, where the attack occurred on Sunday

The North Street supermarket in Hadfield, Melbourne, where the attack occurred on Sunday

The North Street supermarket in Hadfield, Melbourne, where the attack occurred on Sunday

His son Jason, 30, joined the struggle to subdue the attacker when he saw him point a gun at his father’s head.

The gun allegedly went off in the melee.

Jason told Nine News the bullet nearly hit him in the head.

‘It was so close … but we lucky he missed,’ he said.

The Chens subdued the attacker as three accomplices fled in a vehicle.

Video footage of the citizens’ arrest shows the man detained on the ground, where he remained until police arrived to arrest him.

As the alleged attacker cowered on the ground, video footage showed him being struck several times with a pole. 

One of the alleged attackers was struck several times as he cowered on the ground

One of the alleged attackers was struck several times as he cowered on the ground

One of the alleged attackers was struck several times as he cowered on the ground

The alleged attacker, believed to be aged in his 20s, was taken to Royal Melbourne Hospital with minor upper body injuries. 

Jason Chen also went to hospital for stitches to a cut on his arm. 

A neighbour who lives near the supermarket and who witnessed the aftermath of the attack said the store owners were good people and well respected. 

The dramatic footage has prompted discussion over what reasonable limit of force can be used to subdue an attacker.

The Chens told Nine News they were defending their livelihood and their family, including two young children who were in the back of the store at the time of the attack. 

Audio of the incident reveals the alleged attacker whimpering that he is dying as he is detained on the ground.

‘I’m dying,’ the man says.

‘I don’t care if you’re f*****g dying, you f*****g nearly killed me – understand?’ the person detaining him shouts.

‘You fucking nearly shoot my head – understand?’

Leading silk and Victoria’s former chief magistrate Nick Papas QC said people are entitled to take reasonable steps to protect themselves from an armed attacker – but there were limits.

‘We can’t talk about this case because we don’t know necessarily – but no charges yet,’ he told Radio 3AW.

The brave shopkeepers kept the alleged attacker pinned until police arrived to arrest the man

The brave shopkeepers kept the alleged attacker pinned until police arrived to arrest the man

The brave shopkeepers kept the alleged attacker pinned until police arrived to arrest the man

‘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 keep restraining

‘You can’t go past restraint and protection of yourself to punishment and retribution, and that’s a line that needs to be drawn somewhere.’

Daily Mail Australia is not implying that the Chen family used unreasonable force in any way, only that the incident has raised the issue in community discussion.  

Victoria Police told Daily Mail Australia on Tuesday that nobody has yet been charged over the incident.

Police have asked for anyone with information or who witnessed the incident to call them at Crime Stoppers on 1800 333 000. 

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