Stock photo

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

Harrison Hot Springs country singer Todd Richard poses for a photo with Mission firefighters. (Photo/Sarah Plawutski)
VIDEO: Harrison country artist Todd Richard plans for a busy, rockin’ summer

Richard and his band look to live shows as restrictions start to lift

The theme for this year’s Fraser Valley Regional Library Summer Reading Club is “Crack the Case” and Katie Burns, community librarian at the Chilliwack Library, is encouraging people of all ages to sign up. She is seen here at the Chilliwack Library on Friday, June 18, 2021. (Jenna Hauck/ Chilliwack Progress)
Crack the case, read, win prizes with FVRL Summer Reading Club

‘Immerse yourself in other worlds and have a bit of fun while you do it,’ says Chilliwack librarian

Cpl. Scott MacLeod and Police Service Dog Jago. Jago was killed in the line of duty on Thursday, June 17. (RCMP)
Abbotsford police, RCMP grieve 4-year-old service dog killed in line of duty

Jago killed by armed suspect during ‘high-risk’ incident in Alberta

Holger Schwichtenberg and his son Philip talk in the barn of the 150-acre Schwichtenberg farm. This farm is one of many throughout B.C. that support more than 12,500 jobs across the province in the dairy industry. (Contributed Photo/B.C. Dairy Association)
Agassiz dairy farm a model of care for environment, animals, and family

Farm is part of a dairy sector centred in the Fraser Valley, supporting 12,500 jobs province-wide

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

FILE – Most lanes remain closed at the Peace Arch border crossing into the U.S. from Canada, where the shared border has been closed for nonessential travel in an effort to prevent the spread of the coronavirus, Thursday, May 7, 2020, in Blaine, Wash. The restrictions at the border took effect March 21, while allowing trade and other travel deemed essential to continue. (AP Photo/Elaine Thompson)
Feds to issue update on border measures for fully vaccinated Canadians, permanent residents

Border with U.S. to remain closed to most until at least July 21

A portion of the George Road wildfire burns near Lytton, B.C. in this Friday, June 18, 2021 handout photo. THE CANADIAN PRESS/HO, BC Wildfire Service *MANDATORY CREDIT*
Blaze near Lytton spread across steep terrain, says BC Wildfire Service

Fire began Wednesday and is suspected to be human-caused, but remains under investigation

(Black Press Media files)
Burnaby RCMP look for witnesses in hit-and-run that left motorcyclist dead

Investigators believe that the suspect vehicle rear-ended the motorcycle before fleeing the scene

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Blair Lebsack, owner of RGE RD restaurant, poses for a portrait in the dining room, in Edmonton, Friday, June 18, 2021. Canadian restaurants are having to find ways to deal with the rising cost of food. THE CANADIAN PRESS/Jason Franson
Canadian restaurateurs grapple with rising food costs, menu prices expected to rise

Restaurants are a low margin industry, so there’s not a lot of room to work in additional costs

RCMP crest. (Black Press Media files)
Fort St. John man arrested after allegedly inviting sexual touching from children

Two children reported the incident to a trusted adult right away

Most Read