A Whitehorse man has been found guilty of aggravated assault after severely beating a taxi driver in 2010 – even after the man had lapsed into

unconsciousness.

Kevin Frisch and a friend were partying at a Yukon College residence on July 21, 2010 when they decided to take a cab home at around 4 a.m.

Both were intoxicated and had been drinking since about 9 p.m., court records say.

The pair called Premier Cabs. Before their ride arrived, a second taxi, called by others at the college, pulled up.

Frisch and his friend thought the cab was there for them and flagged the driver — Robert Bada — down.

When Bada told the pair he was not there to pick them up, an argument ensued. The cabbie tried to drive away, but Frisch and his friend blocked the road.

"The driver tried to leave again, and eventually the driver got out of his car after having been called a pedophile and a pervert by the accused,” Justice René Foisy said in his decision, released this week.

Bada admits to getting angry, and eventually a fight broke out.

Both men claimed it was the other who started the fight.

In his decision, Foisy calls Frisch's testimony "unreliable.” He said it was evident he was attempting to tailor his testimony to negate any suggestion he was wrong at all.

The judge points to photos taken of Frisch following the fight which show only minor injuries.

"Notwithstanding the position that the accused took, that he did not want to fight and tried to stop several times, the accused came out of the fight relatively unscathed.”

Multiple cab drivers testified to seeing Frisch hitting Bada.

Steve Cousins, one of the first drivers on the scene, said that when he arrived, Frisch was sitting on Bada's chest delivering short, rapid punches to the face.

"He yelled at the accused, who got up and walked towards his car,” the judge said

"Partway, the accused turned around and went back, straddled the driver's body, sat on him and delivered another round of blows and at least one kick.”

Cousins feared the accused would kill the driver, the judge said, but because of his age and size, was afraid to leave his car.

Cousins told the court he saw Bada lying on his back with his arms covering his facing trying to protect himself. As Frisch continued to punch him, Bada's arms went limp and his head rolled over to the side. 

According to Cousins, Bada was unconscious, but Frisch continued his assault.

"The accused then got off the driver, Mr. Bada, and walked towards Cousins, yelling and not making any sense,” Foisy said.

"He was yelling obscenities and saying that he was going to kill Bada and sue the company.”

Another driver, Chris Sutherland, arrived minutes later. He testified to seeing Frisch kicking Bada.

At this point, Bada was unconscious and having convulsions, he said according to documents.

"Sutherland told the accused to stop. The accused kicked the driver once more or perhaps twice, and it appeared that he stomped him,” the judge said.

"He got out of the car and told the accused he was about to kill Bada. The accused's reply was that he did not give a s--- and was going to sue.”

Frisch was agitated, pacing and ranting, the judge said.

In the end, Bada remained unconscious for five hours at Whitehorse General Hospital.

He had swollen cheeks, a bruise below his left eye, a distended and guarded abdomen, sore ribs and cuts on his elbows and knees.

Frisch also went to the hospital and was diagnosed with a probable rib fracture.

In his decision, the judge said that, though the fight was initially consensual, any defence of consent was weakened when Frisch continued to attack Bada after he could no longer defend himself.