Conditional discharge for man who punched alleged bully

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PICTOU – A 19-year-old man has been handed a conditional discharge for giving another person a concussion and a need for stitches on his lip.

Tyson Christopher Lumsden pleaded guilty to assault causing bodily harm in relation to an incident last Sept. 7 in Thorburn.

The 17-year-old victim said he was parked at Crossroads Country Market fixing his vehicle when Lumsden got out of another car and “sucker punched” him.

Lumsden told police the victim has been bullying him for years because of his large size and he retaliated by punching him. He said he has since switched high schools to get away from the victim and will be graduating this year.

The Crown said there was a history between the two males, but this attack appeared to be unprovoked. Crown attorney Andrew O’Blenis asked Judge Del Atwood to consider a short conditional sentence order that would send a strong message of deterrence.

However, defence lawyer Doug Lloy said his client “feels badly” about the incident, and comes before the court as a good student with a plan for the future and a positive pre-sentence report.

He said a conditional discharge for Lumsden would be more appropriate.

Atwood agreed with Lloy that a conditional discharge was appropriate but not before he warned Lumsden that such actions could have turned into a much more serious situation.  He said there are cases before the courts that involve people getting into fights and someone falling and hitting their head, causing serious damage or death.

“Mr. Lumsden is an individual with impressive physical structure and had he used his best judgment, that judgment would have been to leave it alone,” he said.

He said Lumsden told the police he had been bullied by the victim in the past. He said the victim would frequently challenge him to fights and use racial slurs against him.

As part of the conditional discharge, Lumsden must complete 10 hours of community service, spend six months on probation and pay a $100 victim surcharge. 

Geographic location: Thorburn

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