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

Langley school board chair is replacement candidate for NDP

Megan Dykeman declares as the New Democrat hopeful for Langley East

Mike de Jong seeks another term as MLA for Abbotsford West

Incumbent Liberal candidate was first elected to the legislature in 1994

Langley students mark Orange Shirt Day

Sept. 30 initiative aims to raise awareness about government-run residential schools

Air quality across the Lower Mainland could worsen slightly

AQ health index could see ‘low risk’ gravitate into ‘moderate risk’ from Vancouver to Hope

B.C. counts 125 new COVID-19 cases, up to 1,284 active

No new deaths or health care facility outbreaks

Health Canada green-lights rapid COVID-19 test

Health Canada approved the BCube test from Hyris Ltd. in the United Kingdom Sept. 23

FINLAYSON: COVID-related job losses concentrated in urban areas… especially Metro Vancouver

The biggest job losses, in absolute terms, have been in Metro Vancouver

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

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

6 puppies rescued in mass seizure on Princeton farm die from illness: BC SPCA

Of the 97 distressed horses, cats and dogs seized, most of the puppies suffered from parvo

Action demanded over death of First Nations youth in Abbotsford group home

Family and Indigenous organizations push for thorough investigation

U.S. boater fined $1,000 for violation of Quarantine Act

49-year-old man entered Canada to visit girlfriend in Surrey

More sex abuse charges laid against B.C. man who went by ‘Doctor Ray Gaglardi’

Investigators now focussing efforts on alleged victims within the Glad Tidings Church community

Most Read