i) he was still on the train, and had repeatedly refused to leave when lawfully requested to do so by a person enacted with the power to do so – clearly the only way of preventing the continuing commission of the crime (fare evasion) was to remove him from the train – ergo, the use of force was reasonable.
No zulu – you are still not accepting the need to be “reasoanble” there is no threat of violence here. If the member of the public does not get involved there is no further crime being committed.
for the use of force to be reasonable it must be proportionate to the crime committed and be the minimum needed and commensurate with the risk of violence offered.
The fare evasion is not a violent crime therefore it is not reasonable to use force in this situation.
By your logic I can use any level of violence to prevent any crime. so I can kill people who pavement park.
I would also like to see some evidence that the guard is authorised to remove people by force. ~all your bylaw quote states is that people can be so authorised not that every train operative is so authorised.