P. Smith

The accused, a 21-year-old man, was convicted of aggravated assault following an unprovoked attack on an 82-year-old man.

The victim suffered serious injuries, including a broken arm and nose, and continues to experience significant physical and psychological impacts.

The court weighed the accused's youth, remorse, and difficult upbringing against his extensive criminal record and the vicious, unprovoked nature of the attack.

Emphasizing denunciation and deterrence, the court sentenced the accused to four years in a federal penitentiary, less 501 days of enhanced credit for pre-sentence custody.

Following a jury trial for a motor vehicle accident claim, the defendant brought a threshold motion arguing the plaintiff's injuries did not meet the statutory requirement of a permanent, serious impairment of an important physical, mental or psychological function.

The plaintiff adduced evidence from multiple medical experts and lay witnesses demonstrating chronic pain that substantially interfered with her employment and daily living.

Despite some credibility issues regarding the plaintiff's employment history and surveillance footage, the court found the corroborating medical and lay evidence sufficient to establish the impairment.

The motion was dismissed.