Former Whitehorse bouncer appeals conviction, sentence
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.
Photo by Whitehorse Star
Clinton Derkson
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.
Debbie Kristensen
Nov 19, 2009 at 7:00 pm
Wow I’m so upset about how Clint is being looked at by total strangers who judge people based on news reports that are unmerited. Before leaving White horse and not being charged yet Clint left there knowing it was time to get serious about putting his life on track and feeling upset about the injuries a young man had received. He finished school and graduated and received awards for working with children in a small remote community up north. He has many letters and testimonials from friends and family community leaders as well as doctors and his boss whom he worked for building homes for this commumity as well.He did this before being found guilty and being sentenced to 15 months. There has been a 2 year gap since this happened until now. What does this teach him? If you are found guilty of a crime you are judged and damed to hell by strangers. If you decide to make a change in your life and give back to the community and be apart of society and show that you have learned from this event in your life you will still be damed to hell by strangers and society and that sends out a message to our youth that scares me. We are a generation of dispossible everything lets not do that to our youth as well. We need to teach and heal and encourage our next generation to ensure the saftey of the whole world.We are all a product of our past and if the tables where turned and a microscope was place over your life and total strangers where allowed to judge you based on a ten minute phone interview on your whole life, how would you do! I send my love to all envolved including the young man who was injured.
Clints Mom