The B.C. Court of Appeal has dismissed an appeal from a Prince George man who was sentenced to 18 months in jail and three years probation after he was found guilty of throwing a rock at a man who was loading his truck with logs.
In part, Cameron James Rose, who represented himself after the same court has previously upheld a Legal Services Society decision to deny him legal aid funding, argued the sentence was excessive and that he should have been given a conditional term, effectively house arrest.
However, in a ruling issued Friday, the appeal court found that because the offence carried maximum term of 10 years or more, Rose was not eligible for a conditional sentence.
Rose also alleged he was acting in self defence after being kicked in the back. On that aspect, the court found that even if fresh evidence in the form of hospital bills had been raised during the trial, during which Rose also represented himself, the verdict would not have changed.
The outcome stems from a Sept. 22, 2008 incident in which, according to trial testimony, the victim was loading Rose's logging truck at the North Central Plywood mill. After the first bunk was loaded, Rose got out of the truck and sprayed his timber mark on the loaded logs, violating the mill's safety rules in the process.
The victim stopped loading and signaled Rose to get back into his truck. When Rose began picking up material and throwing it at the loader, the victim got out of the cab and shouted at Rose to get back into his truck so he could resume loading.
But Rose continued throwing items at the victim and one of them was a rock that hit him on top of the eye and immediately caused bleeding. A coworker was radioed for help and the victim was taken to hospital.
In the lead up to the trial, the Legal Services Society had provided two lawyers to Rose but they withdrew their services and Rose made no further application to have counsel appointed. The appeal court found the trial judge provided appropriate assistance in conducting his defence, including an opportunity to reopen his case.
