Brodie Smith, 24, pleaded guilty to simple assault for an unwanted touching incident in the Heritage Forest in Qualicum Beach on Jan. 1, 2021 (Facebook)

By Ian Holmes

Disturbing behaviour

Canadian Armed Forces soldier sentenced for bizarre unwanted touching incident in Qualicum Beach

Aug 18, 2021 | 5:26 AM

NANAIMO — New Year’s Day was far from a leisurely stroll in the woods for two women approached by a drunken off-duty soldier.

Brodie William Tyrrell Smith, 24, pleaded guilty to a downgraded charge of simple assault for his behaviour in Qualicum Beach’s Heritage Forest on Jan. 1, 2021.

The case was outlined on Tuesday, Aug. 17 in Nanaimo during a sentencing hearing where the Crown’s Sheila Simpson described separate complaints by two women regarding Smith’s actions.

One woman reported Smith had his pants partially pulled down when he approached her from behind and put his hands on her buttocks.

The victim believed Smith wanted a sexual encounter in the sprawling urban forest.

Two and Out

PETERS: Business owners shouldn't be held responsible for nuisance calls

Nov 15, 2024

Looped In

LOOPED IN WITH NIKKI OMEN: November 14, 2024

Nov 15, 2024

Sound Off

SOUND OFF: What is the difference between a food policy council and frontline services?

Nov 15, 2024

“It scared her quite a bit, but because she had a dog and an umbrella she was able to scare him off and get to a safe spot,” Simpson told court.

Around the same time another woman walking her dog felt uncomfortable due to a visibly intoxicated Smith trying to talk to her.

Both women separately phoned Oceanside RCMP, who arrived to the park where Smith was arrested.

He wasn’t known to either complainant, both of whom are over 50-years-old.

Defence lawyer Babak Zargarian said his client, highly regarded as a promising young soldier, was dealing with serious trauma at the time of the offence.

Leading up to the incident, Zargarian said Smith was involved in a friendly fire incident resulting in the death of another soldier and Smith had a family member die from COVID-19.

“He’s terribly remorseful, he’s terribly embarrassed, he’s awfully ashamed. He wishes to express his deepest regrets,” Zargarian said, who emphasized his client’s behaviour was extremely out of character.

Smith was drinking excessively with friends at a New Year’s Eve party prior to the incident.

Smith is currently stationed with the military in Edmonton in an infantry unit, Zargarian said, who noted his client has undergone counseling for his personal challenges.

Zargarian expanded at length on Smith’s attributes, stating he has several sterling character references from his superiors in the military.

Judge Sheila Archer accepted a proposal for a conditional discharge and one year probation from the Crown and defence. It means Smith won’t have a criminal record if he abides by various court-ordered conditions over the next year.

“There are circumstances that convince the court that the type of disposition in this case is appropriate,” judge Archer said.

Smith’s probation terms includes counseling and 30 hours of community work service.

He had no prior criminal charges and didn’t formally address the court.

ian@nanaimonewsnow.com

On Twitter: @reporterholmes

Join the conversation. Submit your letter to NanaimoNewsNOW and be included on The Water Cooler, our letters to the editor feature.