Man who used racial slur in Vancouver nightclub loses appeal

Statue of Justice at the new Law Courts Building in downtown Vancouver. PNG

KEITH FRASER
VANCOUVER DESI

A man who uttered a racial slur in a crowded Vancouver nightclub before hitting another man over the head with a beer bottle has lost his appeal of a conviction for aggravated assault.

Kyle James Stalker was sentenced to two years less a day in prison after he assaulted Jason Bedi on the dance floor of the club on February 8, 2009.

Bedi suffered a large laceration down the left side of his face and a smaller one behind his left ear.

A jury heard that prior to the assault, Bedi had asked Stalker to dance. Stalker, one of only a few Caucasians in the club, admitted at trial that he said, ‘I don’t dance with brown guys” in a fairly loud voice but denied he was trying to insult Bedi and claimed he was acting in self-defence after someone assaulted him from behind.

But on sentencing the trial judge said she did not accept Stalker’s version of events, concluding that an aggravating factor was that he was motivated by prejudice to Indo-Canadians.

On appeal, Stalker said the trial judge had erred in instructing the jury on the issue of self-defence, alleging the judge had focussed the jury on his fear of harm from Bedi alone, rather than his fear of harm from Bedi and others in the club.

But in a ruling released Friday, B.C. Court of Appeal Justice Mary Saunders dismissed that argument.

“In my view, there is no air of reality to support a reasonable apprehension of harm from any group of patrons of the nightclub,” said Saunders in a 19-page ruling.

Justices Edward Chiasson and David Frankel agreed with Saunders’ ruling.

kfraser@theprovince.com
twitter.com/keithrfraser

Tags: , , , , ,





Featured

PNG0419NVAISAKHI-13_215499176

Gallery: 200,000 flood Surrey streets for annual Vaisakhi parade

VANCOUVER DESI About 200, 000 people came out for Surrey’s annual Vaisakhi parade on Saturday. Vaisakhi – which celebrates the Punjab harvest time and the…
Continue Reading »

kate main

Gallery: Duchess Catherine races to the rescue in heels on beachy Sydney tour

GORDON RAYNER THE DAILY TELEGRAPH RUNNING in slow-motion along a golden beach, the Duchess of Cambridge appeared to emulate one of the famous scenes from…
Continue Reading »

Kirpans, stylized swords worn by initiated Sikh men and women as dictated by  their religious beliefs, are now allowed in embassies. Jason Payne/ PNG

Canada to allow Sikh kirpans in its embassies and missions abroad

JEFF LACROIX-WILSON OTTAWA CITIZEN Eight years after the Supreme Court of Canada ruled that kirpans – the ceremonial daggers worn by those of the Sikh…
Continue Reading »

LOCAL NEWS

PNG0419NVAISAKHI-13_215499176

Gallery: 200,000 flood Surrey streets for annual Vaisakhi parade

VANCOUVER DESI About 200, 000 people came out for Surrey’s annual Vaisakhi parade on Saturday. Vaisakhi – which celebrates the Punjab harvest time and the…
Continue Reading »

Kirpans, stylized swords worn by initiated Sikh men and women as dictated by  their religious beliefs, are now allowed in embassies. Jason Payne/ PNG

Canada to allow Sikh kirpans in its embassies and missions abroad

JEFF LACROIX-WILSON OTTAWA CITIZEN Eight years after the Supreme Court of Canada ruled that kirpans – the ceremonial daggers worn by those of the Sikh…
Continue Reading »

Inspector Paulette Freill, left announces at BC RCMP Headquarters in Surrey Thursday April 17, 2014 a 35 year-old Dutch citizen was charged with several criminal offence in connection to the 2012 death of teen Amanda Todd. Amanda's parents Carol, center and Norman Todd, right attended the announcement. Ric Ernst / PNG

Charges laid against Dutch man in Amanda Todd online extortion case

ELAINE O’CONNOR and STEPHANIE IP VANCOUVER DESI Five charges — including harassment and Internet luring — have been laid against Aydin Coban, a Dutch national,…
Continue Reading »

Don't Miss...

File photo: Indian villagers gather near the body of an elephant in a field in the northeastern state of Assam on July 8, 2013. It is believed that the elephant was electrocuted by power lines as they walked through fields of growing rice at night . STRSTRDEL/AFP/Getty Images

Four elephants die from shoddy electrical wires in Indian forest

VANCOUVER DESI A wild elephant has died after it was electrocuted when it stumbled into low hanging electrical wires in a northeastern Indian forest, according…
Continue Reading »

Indian Lovers Party

Gallery: Weird Indian political party names and symbols

VANCOUVER DESI In a country with over 800 million eligible voters, which symbol you vote for is very important. The largest political parties have simple…
Continue Reading »

worship-India

Six-year-old worshipped for patch of hair on his back that has grown into a tail

VANCOUVER DESI A six-year-old Indian boy is being worshipped by villagers for a small patch of hair on his back that has grown into a…
Continue Reading »

underage-sex-pregnancy-Britain

Opinion: Britain’s youngest mom — 12-year-old — isn’t a case for the midwife, it’s a case for the police

ALLISON PEARSON THE DAILY TELEGRAPH  A girl aged 12 years and three months became Britain’s youngest mother over the weekend. She was still at primary…
Continue Reading »

nude bath

PETA India urges health ministry to ban sale of animal-tested products

IANS New Delhi – Animal rights group PETA has urged India’s health ministry to ban the marketing and sale of animal-tested cosmetics and household products….
Continue Reading »


Bollywood Latest

Porn Queen-desi

Sunny Leone to host MTV reality dating show

IANS New Delhi — Indo-Canadian adult film star Sunny Leone is back to where she started her career in Hindi showbiz – the small screen….
Continue Reading »

Bollywood actress Priyanka Chopra showcases a creation by designer Neeta Lulla on the sixth day of the Lakme Fashion Week (LFW) summer/resort 2014 in Mumbai on March 16, 2014. STRSTRDEL/AFP/Getty Images

Mary Kom shoot harder than hardest for Priyanka

IANS Mumbai  – Months of turmoil for Mary Kom have been “harder than the hardest” for Bollywood actress Priyanka Chopra, who plays the title role…
Continue Reading »

Bollywood

Amitabh Bachchan’s Bhoothnath Returns screened before Indian president

IANS New Delhi  – Megastar Amitabh Bachchan’s latest film Bhoothnath Returns, a fun-filled film which also highlights the importance of voting, was screened for President…
Continue Reading »