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

Teen who took part in brutal attack against man playing tennis in Duncan loses appeal

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

A teenager who took part in an attack on a man playing tennis in a Vancouver Island park has lost his appeal in which he claimed he’d been acting in self-defence.

The 15-year-old boy, who is only referred to as A.A. in court documents, was found guilty of assault causing bodily harm and assault with a weapon in April 2018. He was one of four youths convicted in the violence in Duncan in August 2016.

The four teens were walking by a tennis court at Centennial Park that summer when they saw a 52-year-old man, referred to as B.B., hitting a tennis ball against a wall.

The group called the man a “loner” or “loser” at least twice before he lobbed a tennis ball at them, prompting one of the other teens, dubbed E.E., to shout further insults.

The man went after the teens, carrying his tennis racket, and chased them into a wooded area – a move the man himself called an “aggressive pursuit.” Court heard that he anticipated he would end up in some kind of physical confrontation that would include pushing, shoving, and possible punching.

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

Testimony of exactly what happened next was varied.

According to the victim, he and E.E. started pushing each other for about 30 to 40 seconds, before he was hit in the back of the head with an object. He said he backed away, telling the youth to stop, then started shoving the boy again until he was hit a second time.

The man identified E.E. as the youth who hit him a third time, with his racket, and called him a “little b***.”

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

Meanwhile, A.A. told police that he punched the man in the face before the man started fighting with E.E., who hit the man in the ribs with a log. The teen also said 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 heard, including broken bones in his face that required surgery to repair.

The trial judge had determined 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.

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

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

But B.C. Court of Appeal Justice Patrice Abrioux disagreed, saying the teen was old enough to know what he was doing, and that while he may have started acting in self defense, his actions did turn into retaliation with the intent to injure the man.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

VIDEO: Lake Cowichan fire department celebrates long service

The annual event sees several earn awards as well as the retirement of Ray Bourassa after 30 years

’Tis the season for holiday cheer with a Ken Lavigne Christmas

Enjoy the magic of the season with the region’s largest indoor snowball fight

Cowichan Caps’ McIntyre and Boucher commit to Div. 1 programs

Two Cowichan Valley Capitals players have committed to NCAA Div. 1 hockey… Continue reading

Robot proposed for cleaning of Town of Lake Cowichan reservoir

“It’s a low risk techonology that should be explored”

Swan seeking long-term Lake Cowichan residents

Kathryn Swan has lived in Lake Cowichan for 17 years but still… Continue reading

B.C. to restrict nicotine content, bring in 20% tax on vaping products

Province will also restrict candy and fruit flavoured vaping products to adult-only stores

Tolko shuts B.C. divisions for two weeks over holidays

Head office to close from Dec. 23-27; two weeks’ downtime runs Dec. 21-Jan. 6

B.C. government working with RCMP to address $10 million in budget cuts

Public Safety Minister Mike Farnworth issues statement following report of RCMP cost-cutting

Port Moody mayor says stayed sex assault charge related to ‘awkward date’

Rob Vagramov said charge was related to a string of dates in 2015

UBC conference draws fire over speaker from Chinese tech company blacklisted in U.S.

The company that has been blacklisted by the U.S. over links to the repression of China’s Muslim minority

‘City that protects rapists’: Sexual assault survivor slams Kelowna mayor for defending RCMP

Heather Friesen spent the morning handing out flyers around city hall calling out the mayor

Use of force deemed justifiable in arrest of suspect after snowy chase near Nanaimo

Independent Investigation Office of B.C. reports on incident from late last winter

‘It’s been 12 years’: Father of murdered B.C. real estate agent pleads for mayor’s help

Lindsay Buziak was stabbed to death on Feb. 2, 2008 in Saanich. Her case is unsolved.

B.C. woman sends fight to reduce preventable medical errors to Victoria

Teri McGrath and South Okanagan senior’s centre members presented 150 signature petition to local MLA

Most Read