A Nanaimo man who lost both legs below the knees was sentenced to 120 days' jail on Monday for using a wooden pole to beat an elderly man on a scooter.
James Leslie Kelman, 60, was sentenced on one count of assault with a weapon by provincial court Judge Douglas Cowling following an incident that took place late last year.
Kelman, who lost both legs in a childhood train accident and uses prosthetics, had driven his truck to the King Arthur's Court apartment complex on Fifth Street in Nanaimo on Oct. 9, 2012.
The incident began after the victim, a 73-year-old man, approached him. Both men knew each other through family and had conflicts with one another prior to the event.
A witness saw Kelman beating the victim with a wooden pole he had retrieved from his vehicle not long after Kelman arrived at the complex.
The elderly victim attempted to leave but was chased by Kelman. The fight was broken up by the witness, a resident of the apartment building.
At a previous court hearing last month, the Crown had argued for a one-year jail sentence for Kelman.
Kelman's lawyer, Michael Ritzker, had argued that a conditional sentence --a jail term served in the community --might be more suitable.
Cowling had said an aggravating factor in the case was the use of a weapon against a senior who had attempted to flee the situation.
In addition to the 120-day jail sentence, Kelman was also sentenced to a 10-year firearms prohibition and ordered to submit a sample of his DNA to authorities.
He was also handed three years' probation, including curfew conditions for the first 20 months. The probation order states that Kelman must seek counselling, have no contact with the victim or the victim's immediate family.
The sentence also includes an order for him to pay $80 in restitution.
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