Stock photo

Appeal dismissed for B.C. man who assaulted woman in ‘thoroughly modern’ fight over phone

‘Both were seeking evidence of cheating by the other,’ says B.C. Supreme Court in Nanaimo

A B.C. man who assaulted his girlfriend while she tried to take back her phone from him had his appeal dismissed.

B.C. Supreme Court in Nanaimo heard last month the case of a man who appealed a conviction of assault causing bodily harm stemming from an altercation with his girlfriend on the couch at their home.

“They each had possession of the other’s phone while they were arguing. In thoroughly modern fashion, they were both seeking evidence of cheating by the other,” noted the court decision, released Thursday, Nov. 21.

The 120-pound woman suffered a broken leg, bruises to her arms, and a fingernail ripped off in an altercation with the 220-240-pound man and the appeal related to the circumstances of how the injuries happened.

“The accused got angry with her over the cellphone notifications, and pushed down on her while she was using her leg to get him off her,” the trial judge found. “The injury resulted from his weight on her leg, and he applied his force deliberately in order to get the phone from her.”

The appellant alleged errors by the trial judge, suggesting that there wasn’t medical evidence to corroborate the explanation of how the harm occurred, so the judge opined on how the injury occurred and the force applied.

The appellant sought to provide new evidence – an expert report from an orthopedic surgeon who concluded that “the complainant kicking out in a forceful extension motion of the knee” was the reason for the injury.

The Supreme Court judge found that the “assumptions as to the mechanisms of injury given to [the doctor] were not reflective of the evidence at trial” and concluded that admitting the expert report was “not necessary to avoid a miscarriage of justice.”

The News Bulletin is not reporting the appellant’s name to try to protect the identity of the victim.

TODAY’S MOST-READ: Deer hunted in area known for chronic wasting disease located

YESTERDAY’S MOST-READ: Four arrested after report of shots fired in Nanaimo



editor@nanaimobulletin.com

Like us on Facebook and follow us on Twitter

Just Posted

PodTech sold

Australian company acquires Canal Flats business.

Jumbo saga reaches finale

A three-decade long disagreement comes to a close.

Bagging bags

Sobeys, Valley Foods and Home Hardware are ditching single-use plastic bags at their checkouts.

Province looking at steps to dissolve Jumbo resort municipality

Disincorporating municipality will likely require a legislative change, according to the province

Almost 20,000 parking tickets issued by Interior Health at hospitals in 2019

In 2018, pay parking in Interior Health hospitals totalled $5.3 million of their $2.2-billion budget

VIDEO: Feds look to help 126 Canadians quarantined in China for coronavirus

China has confirmed more than 4,500 cases of the new virus, with more than 100 deaths

Caregiver, society charged in death of developmentally disabled B.C. woman

The victim was not given the ‘necessities of life,’ police said

B.C. councillor runs afoul of Coastal GasLink protester

Northern pipeline not a Maple Ridge issue, insists Coun. Gordy Robson

B.C. reports first coronavirus in Vancouver region

First patient visited Wuhan, China, reported symptoms

Victoria resident says WestJet employee uttered racist comment, refused to let her on plane

Customer claims she was told ‘You guys can’t handle your alcohol’ by WestJet employee

Air Canada cancels select flights to China as coronavirus spreads

Canada’s largest airline runs 33 flights a week to China

Canadians seek way out of Wuhan as coronavirus continues to spread

The Chinese government has cut off access to Wuhan and 16 other cities

Sap thief taps Saanich park maple trees, faces hefty fine

One tree found with four taps in Mount Doug Park

Uber threatens legal action to ‘defend its right’ to operate in Surrey

‘I have no concerns,’ Mayor Doug McCallum replies

Most Read