Court upholds assault conviction for northern Ont. soccer player who punched opponent in the face
A vicious retaliation punch in a soccer game five years ago in the Sault was aggravated assault, an appeals court has confirmed.
Joshua Gauthier was playing a match for the BDO team in a recreational league against Adam Erickson and the Jiggerz FC in summer 2019 when the incident took place.
According to the decision from the Court of Appeal for Ontario, about 20 minutes into the game, Erickson and Gauthier were competing for the ball.
Believing Erickson had kicked him in the back of the leg, Gauthier turned around and punched him in the head with a closed fist using his right hand.
Erickson “suffered a fractured orbital bone and a laceration above his right eye that required 18 stitches to close,” the court decision.
Gauthier was charged with aggravated assault. At trial, the judge said the issue to be determined was “did Joshua Gauthier intentionally apply force to Adam Erickson – did he intend on hitting him in the face with his fist?”
Gauthier’s lawyer argued he acted out of self-defence, an argument the trial judge rejected.
“Gauthier’s actions cannot be found to be reasonable in the circumstances,” the judge said.
“Gauthier was taller and heavier than Erickson. Gauthier had other options available to him. He could have kicked the ball out of bounds to stop the play or made a plea to the referee to call an infraction, or called for a substitute to be removed from the game.”
He was sentenced to a 12-month conditional sentence, followed by 24 months of probation.
In appealing the sentence, Gauthier’s lawyer argued the trial judge erred by not accepting the defence argument that the punch was a reflex action.
“The appellant’s punch to Mr. Erickson’s face flowed immediately from Mr. Erickson’s kick to the back of the appellant’s leg and push of his shoulder,” the appeals court decision said.
Gauthier testified that his actions were an involuntary response to him being kicked and shoved. But the trial judge disagreed.
- Download our app to get local alerts on your device
- Get the latest local updates right to your inbox
“The preponderance of the evidence from the witnesses who testified has Gauthier turning around and striking Erickson in the face,” the decision said.
“There does not seem anything involuntary about it and on the evidence, it cannot be said that the actions of Gauthier in striking Erickson were accidental or not purposeful.”
The appeals court upheld that ruling, saying there was no air of reality that the punch was self-defence.
“And there was no air of reality that a punch to the face was reasonable responsive force,” the decision said.
The court also upheld the sentence, saying despite the extenuating circumstances, “given the stated goal of general deterrence, the sentence imposed by the trial judge was entirely fair and we see no error in his reasons.”
Read the full decision here.
CTVNews.ca Top Stories
McGill says pro-Palestinian protest outside senior administrator's home 'crosses the line'
McGill University has denounced a pro-Palestinian protest held Sunday outside the home of one of its senior administrators.
What is BORG drinking, and why is it a dangerous trend? An expert explains
If you've been to a party lately and haven't seen someone drinking a BORG, you're likely not partying with college students.
The world's best airline is paying staff a bonus of 8 months' salary
Singapore Airlines will reward its employees with a bonus worth nearly eight months of salary, a person familiar with the matter told CNN on Friday.
Prosecution rests in Donald Trump’s hush money case. The defence now gets its turn to call witnesses
Michael Cohen testified Monday that he stole tens of thousands of dollars from his ex-boss Donald Trump’s company, an admission defence lawyers hope to use to undermine Cohen’s credibility.
Katy Perry sings goodbye to 'American Idol'
Katy Perry said her goodbyes on 'American Idol' after seven seasons. On Sunday night’s live 'idol' season finale, a medley of Perry's hit songs were performed, including 'Teenage Dream,' 'Dark Horse' and 'California Gurls.'
U.S. Supreme Court rejects appeal from former Guantanamo detainee Omar Khadr
The U.S. Supreme Court on Monday rejected an appeal by a Canadian-born former Guantanamo detainee who was seeking to wipe away his war crimes convictions, including for killing a U.S. soldier in Afghanistan.
Red Lobster probes 'endless shrimp' losses after bankruptcy filing
U.S.-based restaurant chain Red Lobster has filed for Chapter 11 bankruptcy protection in a Florida court after securing $100 million in financing commitments from its existing lenders, the company said on Sunday.
'Next man up': Canucks coach, teammates bracing for Game 7 without Brock Boeser
Questions about how the team is going to handle the absence of star winger Brock Boeser from a do-or-die game seven dominated pre-game interviews with the Vancouver Canucks coach and players Monday morning.
Judge cites error, will reopen sentencing hearing for man who attacked Nancy Pelosi's husband
A federal judge will reopen the sentencing hearing for the man who broke into Nancy Pelosi's San Francisco home and bludgeoned her husband with a hammer after the judge failed to allow him to speak during his court appearance last week.