Centennial Park in Duncan, B.C. (Google Maps)

Centennial Park in Duncan, B.C. (Google Maps)

B.C. teen who brutally attacked man playing tennis alone loses appeal

Teen tried to claim he was acting in self defense, but B.C. Court of Appeal judge disagreed

A teen who took part in an attack against a man playing tennis alone in a Vancouver Island park, leaving him maimed and disfigured, has lost his appeal that argued he was acting in self-defense.

The 15-year-old youth, whose name is protected under the Youth Criminal Justice Act, was found guilty of assault causing bodily harm and assault with a weapon in April 2018. A B.C. appeals court judge dismissed his appeal on Oct. 25 in Vancouver, according to court documents published Wednesday.

The teen, referred to in the decision as A.A., was one of four youth found guilty of assault-related charges in connection to the incident at Centennial Park in Duncan in August 2016.

A provincial judge heard during the teen’s initial trial that the group of youth were walking by a tennis court where they saw a 52-year-old man named B.B. hitting a tennis ball against a wall on one of the courts. The group called the man a “loner” or “loser” at least twice before the man lobbed a tennis ball towards them, sparking one of the other teens, dubbed E.E., to shout further insults.

The man then exited the tennis court with his tennis racket in hand and chased the youth into a wooded area – a move the man himself called an “aggressive pursuit,” which he anticipated would end in some kind of physical confrontation that would include pushing, shoving, and possible punching.

Accounts of exactly what happened in the woods are varied, according to testimony and evidence brought forward by police.

READ MORE: B.C. teen, sexually abused by father, wins court appeal to change her last name

According to the man, pushing ensued between E.E. and the man for about 30 to 40 seconds before he was hit in the back of the head with an object, the court heard. The man said he backed away, telling the youth to stop, before pushing and shoving with the same teen recommenced until he was hit again. The man identified E.E. as the youth who hit him a third time with the racket, while calling him a “little b***.”

His next memory was waking up in the woods, with the youth nowhere in sight.

Meanwhile, the teen appealing his conviction, A.A., told police that he punched the man in the face before he started fighting with E.E., who hit the man in the ribs with a log. The teen also said that the man had pushed him into a pile of sticks, cutting his leg, before E.E. hit the man again – this time in the head.

As the youth were walking away, maybe 15 to 20 steps, the man picked up a log lying on the trail and said “one of you is going to die,” before running towards them. He hit A.A. in the hip, neck and forearm with the log, the court heard. The teen then punched the man in the face, again, as well as kicked him in the knee. As the man fell to the ground, another teen kicked him in the face – believed to be E.E.

The man was left with severe and permanent injuries, the court hear, including broken bones in his face which required surgery to repair.

The presiding judge had determined that the teen’s initial response of punching and shoving the man who was similar in size was proportional to the man’s force but that he should have walked away after knocking the man to the ground.

“A.A. was a young man, approximately six feet tall, who played competitive football, and had the advantage of at least one other teen fighting alongside him,” the decision reads.

“In particular, the judge found that once B.B. [the man] was on the ground a second time, it was no longer necessary for A.A. to continue striking him.”

Because the judge couldn’t determine beyond a reasonable doubt who caused the specific injuries suffered by the man, A.A. was acquitted of aggravated assault.

In his appeal, the teen’s lawyer argued that the judge never asked if the teen felt threatened by the man, nor adequately considered his young age at the time of the incident.

But Justice Patrice Abrioux disagreed, siding with Crown counsel that the teen was old enough to know what he was doing when the fight broke out and that while he may have started acting in self defense, the teen’s actions did turn into retaliation with the intent to injure the man.

“Of significance is that the judge found A.A.’s use of the tennis racket to attack B.B. objectively unreasonable—it was unnecessary, gratuitous, and no longer proportionate to the threat of force he previously faced.”


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Chilliwack potter Cathy Terepocki (left) and Indigenous enhancement teachers Val Tosoff (striped top) and Christine Seymour (fuchsia coat), along with students at Vedder middle school, look at some of the 500-plus pinch pots on Thursday, June 10 made by the kids to honour the 215 children found at Kamloops Indian Residential School. (Jenna Hauck/ Chilliwack Progress)
Chilliwack students make hundreds of tiny clay pots in honour of 215 Indigenous children

‘I think the healing process has begun,’ says teacher about Vedder middle school project

Image by Free-Photos from Pixabay
Webinar looks at sexual abuse prevention among adolescents

Vancouver/Fraser Valley CoSA hosts free online session on June 15

Emergency services were on the scene of an apparent stabbing Friday afternoon (June 11) in the 2400 block of Countess Street in Abbotsford. (Photo: Kaytlin Harrison)
Two suspects arrested after apparent stabbing in Abbotsford

Incident occurs Friday afternoon in 2400 block of Countess Street

June is Brain Injury Awareness Month in Canada. (ADOBE STOCK IMAGE)
Shining a light on brain injury in Canada

June is Brain Injury Awareness Month

submitted
City of Mission hosting a virtual and in-person open house to explore Silverdale plan

It’s the first neighbourhood planning area of the larger Silverdale Comprehensive Planning Area

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

“They will never be forgotten, every child matters,” says Sioux Valley Chief Jennifer Bone in a video statement June 1. (Screen grab)
104 ‘potential graves’ detected at site of former residential school in Manitoba

Sioux Valley Dakota Nation working to identify, repatriate students buried near former Brandon residential school

The Queen Victoria statue at the B.C. legislature was splattered with what looks like red paint on Friday. (Nicole Crescenzi/News Staff)
Queen Victoria statue at B.C. legislature vandalized Friday

Statue splattered with red paint by old growth forest proponents

Police cars are seen parked outside Vancouver Police Department headquarters on Saturday, January 9, 2021. THE CANADIAN PRESS/Darryl Dyck
Vancouver police officer charged with assault during an arrest in 2019

The service has released no other details about the allegations

Denmark’s Christian Eriksen receives medical attention after collapsing during the Euro 2020 soccer championship group B match between Denmark and Finland at Parken stadium in Copenhagen, Saturday, June 12, 2021. (AP Photo/Martin Meissner, Pool)
Christian Eriksen in stable condition, Euro 2020 match resumes

Eriksen was given chest compressions after collapsing on the field during a European Championship

Members of the Department of Fisheries and Oceans’ Marine Mammal Response Program rescued an adult humpback what that was entangled in commercial fishing gear in the waters off of Entrance Island on Thursday, June 10. (Photo courtesy Marine Mammal Response Program)
Rescuers free humpback ‘anchored’ down by prawn traps off Vancouver Island

Department of Fisheries and Oceans responders spend hours untangling whale

As stories of the horrors of residential schools circulate after the Tk’emlups te Secwepemc First Nation announced it had located what are believed to be the remains of 215 children, Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs said he feels a connection with the former students. THE CANADIAN PRESS/Darryl Dyck
2 sides of the same coin: Ex-foster kids identify with residential school survivors

Grand Chief Stewart Phillip says the child welfare system takes Indigenous children from their families

Nathan Watts, a member of the Tseshaht First Nation near Port Alberni, shares his story of substance use, a perspective he said isn’t seen enough. (Photo courtesy of Nathan Watts)
Public shaming, hate perpetuates further substance use: UVic researcher

Longtime addict Nathan Watts offers a user’s perspective on substance use

Most Read