PORT HARDY - Three months awaiting court was enough for a Tsulquate man who punched his neighbour hard enough to break his nose on Apr. 25.

That was the sentence imposed at the end of an Oct. 20 trial, where Judge Brian Klaver convicted 28-year-old Andrew Moses Charlie of assault causing bodily harm after a trial.

The only witness in the trial was Thomas Jack, the victim, who has been a long term Port Hardy resident who lives at Tsulquate.

Jack identified Charlie, saying they were neighbours in the same cul de sac, even friends, before an early-morning incident.

“We were walking and came across each other,” Jack testified. “We argued and he hit me. I remember him and I arguing and three punches. His fist hit my face and broke my nose. I was dazed and went home and crashed.”

Jack said he went to Port Hardy Hospital emergency ward later that day, where he was referred to a Campbell River specialist who set his nose.

Jack speculated that the attack probably resulted from a misunderstanding that started a few weeks before, when Charlie’s girlfriend wrongly accused Jack of sexually assaulting her. “It was false, she apologized and we’re friends now.”

Charlie did not testify in his defense, but he was represented by lawyer Doug Marion, who suggested that the victim was quite drunk and actually picked the fight.

“I think you passed out because you were drunk,” Marion told Jack. “He accused you of sexual assault ... didn’t that make you angry?”

Jack replied that he was angry enough to swear loudly at Charlie, but denied ever hitting him.

Crown counsel John Blackman, while summing up the case against Charlie, said Jack was not a willing participant in a brawl. “This was not a consensual fight,” said Blackman. “There is no evidence he consented to this or started it. The blows came from Mr. Charlie.

Marion disagreed, saying an impaired Jack had lost his temper and willingly participated in a fight.

Judge Klaver found Charlie guilty.

“I am satisfied that the accused assaulted the complainant and broke his nose,” said Klaver.

When speaking to sentence, the Crown noted Charlie has an extensive record and asked for six months jail time for a man who “set upon a man who was considerably intoxicated.”

Marion agreed that range was right but added Charlie had been in jail since June 11 awaiting court and time served should be enough.

Judge Klaver ruled he would count time in custody on a two-for-one basis, but added Charlie’s record is a serious one.

“This was a serious matter ... Mr. Charlie needs to get the message that he cannot solve things with his fists,” said Klaver.