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

AW Neill Elementary School in Port Alberni. (NEWS FILE PHOTO)
SD70 chooses new name for AW Neill School in Port Alberni

New name honours Nuu-chah-nulth Peoples’ connection to region

Douglas Holmes, current Alberni-Clayoquot Regional District chief administrative officer, is set to take on that position at the Regional District of Nanaimo come late August. (Submitted photo)
Regional District of Nanaimo’s next CAO keen to work on building partnerships

Douglas Holmes to take over top administrator role with RDN this summer

Ron MacDonald fields questions at a news conference in Halifax on Sept. 27, 2011. THE CANADIAN PRESS/Andrew Vaughan
Finding ‘comfortable’ indigenous monitor tough task in Tofino-area shooting death

Julian Jones case hampered by difficulty finding a civilian comfortable with privacy protocols

Port Alberni RCMP officer in command Insp. Eric Rochette presents longtime community policing volunteer Louie Aumair with a OIC appreciation certificate. (SUBMITTED PHOTO)
Port Alberni RCMP honour longtime volunteer

First responders receive support from broader community

The Dock+ is located on Harbour Road in Port Alberni. (SUSAN QUINN / Alberni Valley News)
PROGRESS 2021: Port Alberni’s food hub still growing a year later

The Dock hopes to open a retail store on Alberni’s busy waterfront

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Premier John Horgan speaks as provincial health officer Dr. Bonnie Henry, right, and health minister Adrian Dix look on during a press conference to update on the province’s fall pandemic preparedness plan during a press conference from the press theatre at Legislature in Victoria, Wednesday, Sept. 9, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. officials to provide details on Step 2 of COVID reopening plan Monday

Step 2 could allow for larger gatherings and a resumption of recreational travel

Indigenous Services Minister Marc Miller is seen during a news conference, Wednesday May 19, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Indigenous child-welfare battle heads to court despite calls for Ottawa to drop cases

Feds are poised to argue against two Canadian Human Rights Tribunal rulings

The Great Ogopogo Bathtub Race has been held in Summerland as a fundraising event. Do you know which Canadian city introduced this sport? (Black Press file photo)
QUIZ: A summer’s day at the water

How much do you know about boats, lakes and water?

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

Most Read