205 A.3d 1237
Pa. Super. Ct.2019Background
- On June 29, 2017, juvenile respondent N.A.D. and victim W.M. argued outside; N.A.D. had clenched fists and yelled about a perceived slight involving N.A.D.’s sister.
- As the victim turned away, N.A.D. struck him one time in the left jaw, knocking him unconscious and causing profuse bleeding.
- The victim was treated in the trauma unit, underwent surgery, and had his jaw wired shut for over six weeks; serious bodily injury was undisputed.
- Trooper Kastner and the victim testified consistently that the victim was punched; hospital records reflected the victim later learned he had been punched.
- The trial court found the victim credible and adjudicated N.A.D. delinquent for aggravated assault, simple assault, and harassment; juvenile appealed contesting sufficiency as to aggravated assault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence sufficed for aggravated assault under 18 Pa.C.S. §2702(a)(1) | Commonwealth: single punch that produced serious bodily injury can establish aggravated assault when intent may be inferred from circumstances | N.A.D.: single punch, immediate apology, crying, no size disparity, and driving victim home show lack of extreme indifference or intent | Affirmed: one punch causing serious bodily injury, combined with sneak attack, clenched fists, and force, supports reckless conduct manifesting extreme indifference |
Key Cases Cited
- Commonwealth v. Burton, 2 A.3d 598 (Pa. Super. 2010) (single punch producing severe injury can support aggravated assault)
- Commonwealth v. Patrick, 933 A.2d 1043 (Pa. Super. 2007) (surprise single blow causing unconsciousness supports reckless indifference)
- In Interest of P.S., 158 A.3d 643 (Pa. Super. 2017) (Commonwealth must prove elements beyond a reasonable doubt in juvenile delinquency)
- In Interest of C.E.H., 167 A.3d 767 (Pa. Super. 2017) (intent to cause serious bodily injury may be proven circumstantially)
- In re T.D., Jr., 57 A.3d 650 (Pa. Super. 2012) (plenary review scope for sufficiency challenges)