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.

害羞草研究所淭hey each had possession of the other害羞草研究所檚 phone while they were arguing. In thoroughly modern fashion, they were both seeking evidence of cheating by the other,害羞草研究所� 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.

害羞草研究所淭he 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,害羞草研究所� the trial judge found. 害羞草研究所淭he injury resulted from his weight on her leg, and he applied his force deliberately in order to get the phone from her.害羞草研究所�

The appellant alleged errors by the trial judge, suggesting that there wasn害羞草研究所檛 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 害羞草研究所� an expert report from an orthopedic surgeon who concluded that 害羞草研究所渢he complainant kicking out in a forceful extension motion of the knee害羞草研究所� was the reason for the injury.

The Supreme Court judge found that the 害羞草研究所渁ssumptions as to the mechanisms of injury given to [the doctor] were not reflective of the evidence at trial害羞草研究所� and concluded that admitting the expert report was 害羞草研究所渘ot necessary to avoid a miscarriage of justice.害羞草研究所�

The News Bulletin is not reporting the appellant害羞草研究所檚 name to try to protect the identity of the victim.

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