Former Whitehorse bouncer appeals conviction, sentence

Photo by Whitehorse Star

The former Whitehorse bouncer who was found guilty earlier this year of sucker-punching a drunk patron outside Coasters night club is appealing the court’s decision.

Counsel for Clinton Derkson filed the appeal last week, asking the Yukon Court of Appeal for either a new trial or a new sentence.

Derkson was charged with aggravated assault stemming from an incident that took place outside the nightclub, where he worked in the fall of 2007.

During his trial, the jury heard that Derkson punched a man in the side of the head, knocking him out and fracturing his skull and jaw.

Derkson said it was an act of self-defence, but an eyewitness said the punch was completely unprovoked. The jury found him guilty.

After his conviction last June,  Derkson remained a free man until late last month, when he was finally sentenced to 15 months in prison. He is serving his time at the Whitehorse Correctional Centre.

In the notice of appeal, Derkson’s new lawyer lists five reasons on which the case should be reconsidered:

• The jurors’ deliberations were tainted and they gave a tainted judgment.

• The sentencing judge applied the wrong legal principles when making the sentence.

• The sentence is too long.

• The sentencing judge overemphasized some factors while ignoring others.

• The sentence is “manifestly unfit.”

In a notice of appeal, no details or evidence need to be provided and the court of appeal justices will decide to hear the case or not based on those five statements.

If they allow the appeal, more detailed arguments will be made to a three-person panel of judges.

The next sitting of the Yukon Court of Appeal is not until May or June 2010.

If there isn’t time to consider Derkson’s application during that sitting, then it will likely be heard by the B.C. Court of Appeal.

Derkson moved back to his hometown of Surrey, B.C. after being charged.