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.

91裸聊视频淭hey each had possession of the other91裸聊视频檚 phone while they were arguing. In thoroughly modern fashion, they were both seeking evidence of cheating by the other,91裸聊视频� 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.

91裸聊视频淭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,91裸聊视频� the trial judge found. 91裸聊视频淭he injury resulted from his weight on her leg, and he applied his force deliberately in order to get the phone from her.91裸聊视频�

The appellant alleged errors by the trial judge, suggesting that there wasn91裸聊视频檛 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 91裸聊视频� an expert report from an orthopedic surgeon who concluded that 91裸聊视频渢he complainant kicking out in a forceful extension motion of the knee91裸聊视频� was the reason for the injury.

The Supreme Court judge found that the 91裸聊视频渁ssumptions as to the mechanisms of injury given to [the doctor] were not reflective of the evidence at trial91裸聊视频� and concluded that admitting the expert report was 91裸聊视频渘ot necessary to avoid a miscarriage of justice.91裸聊视频�

The News Bulletin is not reporting the appellant91裸聊视频檚 name to try to protect the identity of the victim.

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