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

Avalanche danger closes Highway 1 near Chase

The highway is closed in both directions east of Chase

Liam’s Lowdown: Revy, drive safe

And clear the snow off your car

Rain for Revelstoke

Highway 1 closure until 2 p.m.

Nearly 12,000 children living in poverty throughout Okanagan: report

BC Child Poverty Report Card includes stats for Central and North Okanagan, Okanagan-Similkameen

Kelowna grandmother scammed of $14,000 in phone scam

RCMP warn of Granparent Scam in the Okanagan after December incident

Fashion Fridays: The basics you need for your body type

Kim XO, helps to keep you looking good on Fashion Fridays on the Black Press Media Network

Vernon woman suing McDonald’s for spilled coffee

Woman seeking nearly $10K, says employee failed to put lid on properly

Diners’ health tax not catching on in B.C., restaurant group says

Small businesses look for options to cover employer health tax

B.C. comic wins judgment after club owner slaps cellphone out of his hands

Incident happened last summer when Garrett Clark was performing in Abbotsford

Melted snow uncovers problematic potholes in Vernon

Temperature swings, precipitation behind cracked pavement, city says

Alumni trumpet band strikes emotional chord for Vernon girls

Vernon Girls Trumpet Band will be tooting their horn for the 60th Winter Carnival parade

Mayors call for ‘calmness’ as highway rockslide cuts Tofino, Ucluelet off from supplies

Ministry of transportation expects to open road for “essential travel only” from noon-8 p.m. Friday.

Albas to speak at Summerland Chamber luncheon

Event will be held at Summerland Arena Banquet Room on Tuesday, Feb. 11

Campfires no longer permitted at Kelowna scout camp

City of Kelowna said they rejected Camp Dunlop’s fire permit due to stricter bylaws

Most Read