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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Gregory Ould, co-founder and executive director of Blanket BC, drops off warming blankets to Our Home on Eighth shelter in Port Alberni during a tour of Vancouver Island on Feb. 19, 2021. (SUSAN QUINN/ Alberni Valley News)
Blanket BC delivers warmth, hope to Vancouver Island’s homeless

Gregory Ould donated blankets, toques in five communities

Construction takes place on Bamfield Main in early February 2021. (PHOTO COURTESY CTV NEWS)
Closures planned for Bamfield Road

Construction by Mosaic unrelated to $30M upgrade

Island Health chief medical officer Dr. Richard Stanwick receives a first dose of Pfizer vaccine, Dec. 22, 2020. (B.C. government)
COVID-19: B.C. seniors aged 90+ can start to sign up for vaccination on March 8

Long-term care residents protected by shots already given

The Alberni Valley’s Emergency Operations Centre is located around the corner and below the Alberni-Clayoquot Regional District office. (AV NEWS FILE PHOTO)
Alberni-Clayoquot Regional District tests new mobile alert system

Residents can still sign up for free Voyent Alert! emergency messaging

Crews respond to a structure fire in the 6000 block of Renton Road in Cherry Creek on Saturday, Feb. 27. (FACEBOOK PHOTO)
Workshop destroyed in Cherry Creek fire

Crews stayed on scene overnight fighting ‘stubborn’ blaze

Older rental apartments are prime candidates for renovations, and could result in lost affordable housing stock. (Zoë Ducklow photo)
B.C.’s renoviction overhaul a good start, but won’t preserve affordable stock, lawyer says

And still no protection for people who can’t pay rent due to COVID-19

Activists from the Fairy Creek Blockades hold the injunction application notice which was submitted by logging company Teal Jones to the B.C. Supreme Court. The application, which asks to have blockaders removed from the sites that stop access to cut blocks, is set to be heard on March 4. (Photo contributed/Joshua Wright)
Activists hunker down to protect Fairy Creek near Port Renfrew from logging

Forest company Teal Cedar applies for injunction to remove seven-month-old blockades

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

(Photo by Marissa Baecker/Shoot the Breeze)
B.C. WHL teams to hit the ice with Kelowna, Kamloops hub cities

Kelowna, Kamloops centres chosen to host B.C. WHL teams for 24-game regular season

The victim of the homicide on Cowichan Lake Road early Monday morning was 17 years old, and was stabbed in the incident. (File photo)
Duncan homicide victim was 17 years old

RCMP report that teenager was stabbed

(File photo)
RCMP arrest man after report of gun-toting threat-maker near Parksville schools

43-year-old man taken into custody; students at nearby schools were asked to stay inside

The machines are akin to ATMs and allow drug users at risk of overdose to get hydromorphone pills dispensed to them after their palm has been scanned to identify its unique vein pattern. (CANADIAN PRESS)
Feds dole out $3.5M for ‘vending machines’ to dispense safer opioids in B.C.

The machines are located in four cities across Canada, including Vancouver and Victoria

Most Read