Dayton Anderson pleaded guilty to assaulting a man at his Nanaimo home, where Anderson claimed he was hired to perform construction work. (Nanaimo RCMP)
man attacked

Man sentenced in connection to bizarre assault in Nanaimo

Oct 11, 2022 | 4:17 PM

NANAIMO — An alarming attack against a man at his home resulted in a sentence of 45 days in jail.

Dayton James Anderson, 33, pleaded guilty to assault and was credited for time already served behind bars following an incident at the victim’s Mount Benson St. home on Oct. 8, 2021.

Anderson was handed a year’s worth of probation after a joint sentence recommendation was accepted by judge Karen Whonnock on Thursday, Oct. 6 in Nanaimo provincial court.

A charge of break and enter was dropped.

Court was told Anderson was an unexpected guest who showed up at the victim’s house, contending he was there for construction work.

An agreed statement of facts revealed the victim did not hire the offender.

The victim confronted the offender when Anderson tried to get inside his home.

Anderson then assaulted the victim, then threw him off a rail-less deck, estimated to be about three to four feet high.

The victim quickly recovered and interrogated Anderson.

Defence attorney Cheyne Hodson told court a pair of area security cameras captured what happened.

“Mr Anderson’s taking responsibility for the actions that he took on that date — he still says arose from the result of a misunderstanding.”

Hodson noted his client suffers from a range of mental health challenges, including schizophrenia, PTSD and anxiety. The offender reported he believes he has a brain injury and has struggled with substance abuse.

Court was told Anderson progressed well during his time at Nanaimo Correctional Centre.

Anderson started a substance use support group for fellow inmates and underwent extensive counselling at Brannen Lake.

The Crown consented to Anderson’s release on Sept. 6.

Anderson’s probationary terms include forensic services care and staying away from the victim and his home.

The offender apologized for his actions in a brief statement to the court and said he needs to continue focusing on his mental health.

Judge Whonnock told Anderson there is simply no excuse for throwing another person off a patio.

“Those actions were violent, they were physical, they were wrong, period.”

Judge Whonnock stated her concerns regarding Anderson’s past inability to follow court orders, pointing to 15 breaches on his criminal record.

Court was told Anderon’s post-release plan revolves around living in Port Alberni with his fiancé.

His criminal record includes crimes of violence and weapons offences in Nanaimo and Victoria.

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