Skip to content

Convicted murderer loses appeal in Surrey crack shack beating case

David Mitchell, 25, was beaten with an aluminum baseball bat in a Whalley crack shack in 2006
12994082_web1_170427-SNW-M-court-of-appeal
B.C. Court of Appeal in Vancouver. (Photo: Tom Zytaruk)

A man convicted of second-degree murder in the savage beating of David Mitchell with an aluminum baseball bat in a Whalley crack shack in 2006 has lost an appeal of his conviction.

Mitchell, 25, was attacked inside a house in the 11000-block of Ravine Road in Whalley on Oct, 25th of that year and died two days later in hospital from blunt force head injuries.

Khalid Damien Arnaout was convicted by a jury in B.C. Supreme Court in New Westminster and appealed his conviction on the grounds that the trial judge, Justice Arne Silverman, failed to adequately instruct the jury on issues of identity and intent.

READ ALSO: Man whose sister-in-law used broom to keep him away loses appeal of sex assault sentence

READ ALSO: Violent crime in Surrey sees four per cent increase

But Justice Daphne Smith, of the Court of Appeal for British Columbia, dismissed Arnaout’s appeal with Justices Mary Newbury and David Harris concurring.

“I find no error of law in the extent of the judge’s review of the evidence with the jury on the issue of the assailant’s identity,” Smith said in her Aug. 2nd reasons for judgment.

“I find no error of law in the extent to which the judge reviewed the evidence for the jury on the issue of intent.”



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter



About the Author: Tom Zytaruk

I write unvarnished opinion columns and unbiased news reports for the Surrey Now-Leader.
Read more