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.

香蕉视频直播淭hey each had possession of the other香蕉视频直播檚 phone while they were arguing. In thoroughly modern fashion, they were both seeking evidence of cheating by the other,香蕉视频直播� 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.

香蕉视频直播淭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,香蕉视频直播� the trial judge found. 香蕉视频直播淭he injury resulted from his weight on her leg, and he applied his force deliberately in order to get the phone from her.香蕉视频直播�

The appellant alleged errors by the trial judge, suggesting that there wasn香蕉视频直播檛 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 香蕉视频直播� an expert report from an orthopedic surgeon who concluded that 香蕉视频直播渢he complainant kicking out in a forceful extension motion of the knee香蕉视频直播� was the reason for the injury.

The Supreme Court judge found that the 香蕉视频直播渁ssumptions as to the mechanisms of injury given to [the doctor] were not reflective of the evidence at trial香蕉视频直播� and concluded that admitting the expert report was 香蕉视频直播渘ot necessary to avoid a miscarriage of justice.香蕉视频直播�

The News Bulletin is not reporting the appellant香蕉视频直播檚 name to try to protect the identity of the victim.

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