A man was found guilty of assault with use of a weapon and robbery for his role in hitting a 69-year-old man with a wheelchair and stealing his belongings in September 2023 in Victoria.

On April 17, Supreme Court Justice Lindsay LeBlanc found Justin McQuarrie guilty on both counts after he refused to enter the courtroom during most of his trial.

On the afternoon of Sept. 6, 2023, the victim, identified as D. Dobinson, was returning to the shelter where he was staying, and as he approached the top of David Street, he saw McQuarrie, whom he recognized, and waved him over to offer assistance as he understood McQuarrie was unhoused.

"Dobinson testified that after waving the man over and offering him a cigarette, the man approached him and he recalls being struck in the head severely a number of times. Mr. Dobinson recounts being kicked in his head and body, with the hits being harder than he had ever been hit before," noted the judge's decision.

Video evidence showed McQuarrie, wearing a distinct red jacket, pushing Dobinson out of his wheelchair and kicking and punching him, and using Dobinson鈥檚 wheelchair to continue hitting Dobinson. At one point McQuarrie stopped the assault and walked around Dobinson before punching and kicking the man again, "and violently throwing the wheelchair on Mr. Dobinson."

Police officers who arrested McQuirrie testified that he was in possession of a guitar case and guitar, a backpack containing personal items and a London Drugs shopping bag containing personal items, which belonged to Dobinson.

After the assault, Dobinson said his hand was cut up, he had to pop his jaw back into place and he lost a tooth the next day.

During McQuarrie's first day of trial, he refused to return to the courtroom after a recess. According to LeBlanc, he had become violent, and began spitting on the sheriffs after he was ordered to attend the trial. Attempts were made to put him in a holding room where he could attend virtually, but the justice and the sheriffs were advised that McQuarrie could use the electronic equipment to harm himself or others.

"I made a ruling that Mr. McQuarrie had absconded by refusing to return to the courtroom and that the trial would proceed in his absence. I found he had voluntarily absented himself from his trial for the purpose of impeding or frustrating the trial, or with the intention of avoiding its consequences," noted LeBlanc.

McQuarrie will be sentenced at a later date.