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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Brett Alexander Jones is wanted on several warrants province-wide, in connection with multiple charges. Jan. 21, 2021. Kitimat RCMP photo
Kitimat RCMP searching for man wanted on several warrants province-wide

Jones is described as a five-foot 10-inches Caucasian man, with blond hair and blue eyes.

Administering naloxone to a person experiencing a benzo-related overdose event won’t help. Naloxone is used to neutralize opioids. (Jenna Hauck/The Progress file photo)
Northern Health warning drug users of potential benzo contamination

The drug does not respond to naloxone, and is being included in street drugs

Cedar Valley Lodge, LNG Canada’s newest accommodation for workers at the LNG Canada Project site in Kitimat. The most recent outbreak among workers at the project site was just declared over. (Photo courtesy of LNG Canada)
Second COVID-19 outbreak at LNG Canada Project site declared over

The outbreak was first declared on Dec. 16, 2020

Maj.-Gen. Dany Fortin, vice-president of logistics and operations at the Public Health Agency of Canada, speaks at a news conference on the COVID-19 pandemic in Ottawa, on Friday, Jan. 15, 2021. THE CANADIAN PRESS/Justin Tang
B.C. records 500 new COVID-19 cases Wednesday, 14 deaths

Outbreak at Surrey Pretrial jail, two more in health care

(File)
Man allegedly bites Vancouver cop during arrest for outstanding warrant

The officer was treated in hospital for the bite wounds

(File Photo)
Interior Health says COVID positivity rates in Fernie area actually 10-12%

IH say the rates are not as high as previously claimed by the region’s top doctor

Black bear cubs Athena and Jordan look on from their enclosure at the North Island Wildlife Recovery Association in Errington, B.C., on July 8, 2015. Conservation Officer Bryce Casavant won the hearts of animal lovers when he opted not to shoot the baby bears in July after their mother was destroyed for repeatedly raiding homes near Port Hardy, B.C. THE CANADIAN PRESS/Chad Hipolito
Supreme Court quashes review of B.C. conservation officer who refused to euthanize bears

Bryce Casavant was dismissed from his job for choosing not to shoot the cubs in 2015

Francina Mettes and Thomas Schouten with the 200-page document they submitted in December of 2018. (Travis Paterson/News Staff)
Dutch man, 94, facing unwanted trip home can stay in B.C. with wife of 45 years

Immigration offices cuts red tape so couple of 45 years can stay together in Victoria area

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Health Minister Adrian Dix looks on as Dr. Bonnie Henry pauses for a moment as she gives her daily media briefing regarding Covid-19 for the province of British Columbia in Victoria, B.C, Monday, December 7, 2020. THE CANADIAN PRESS/Jonathan Hayward
B.C. Premier, health officials to discuss next steps in COVID immunization plan

Nearly 31,000 doses of vaccine the province expected by Jan. 29 could be curtailed due to production issues

Vancouver Canucks’ Travis Hamonic grabs Montreal Canadiens’ Josh Anderson by the face during first period NHL action in Vancouver, Wednesday, Jan. 20, 2021. THE CANADIAN PRESS/Jonathan Hayward
Horvat scores winner as Canucks dump Habs 6-5 in shootout thriller

Vancouver and Montreal clash again Thursday night

Most Read