Judge turns down appeal for conditional discharge

A B.C. Supreme Court Justice dismissed Friday a Saudi Arabian national’s appeal of a sentence for punching a bartender in a Prince George pub.

Nasser Eid Alsaad, 23, is serving 18 months probation for assault causing bodily harm. At issue was a provincial court judge’s decision against including a conditional discharge.

Counsel for Alsaad had argued the judge failed to consider that without the proviso, Alsaad risks being deported from the country.

But Justice Ron Tindale found the judge did, in fact, “clearly consider” the impact on Alsaad’s immigration status and found the outcome was not demonstrably unfit. Although the judge was not aware of the imminent nature of the deportation process, he was aware that the conviction could result in Alsaad’s removal from Canada, Tindale continued.

Alsaad has also filed an application in the Federal Court of Canada for a judicial review, Tindale noted, and deportation could be waived on compassionate or humanitarian grounds.

Alsaad was sentenced for an October 2016 incident that began when he complained about the price of the drinks he had ordered and refused to pay for them. When the bartender tried to retrieve them, Alsaad threw one of the drinks at her.

When, with the help of some others, she tried to eject Alsaad from the premises he turned and punched her in the left eye, leaving her with a scar and blurred vision.

In a victim impact statement, the woman said she suffered from headaches and sharp pain and had to see a specialist. She used to be outgoing but is now cautious around strangers.

Alsaad, who was a regular at the spot, managed to escape into a waiting vehicle but police were eventually able to track him down and make an arrest.

Alsaad had moved to Prince George from Saudi Arabia in 2010. After two years of English as a second language, he entered University of Northern British Columbia where he earned a bachelor of commerce degree with a major in international business.

He was unfamiliar with alcohol when his moved here and what began as social drinking when he turned 19, turned into a partying lifestyle. His schooling started to slip and he had other issues.

Following his arrest, Alsaad, who no longer lives in Prince George, realized he needed counselling and reached out to Alcoholics Anonymous.