Kootenay man who assaulted senior loses appeal over $1,400 in restitution

A Kootenay man, who repeatedly punched a 72-year-old man in the face and body as he lay on the ground, has lost an appeal to overturn a court order that he pay $1,400 after he smashed the senior’s windshield.

According to an Aug. 14 BC Supreme Court decision, Nakusp resident Csaba Beres spent a year in jail for his “senseless and out of control vicious acts of violence” and was also ordered to pay $1,392 to cover the damage to the senior’s vehicle.

The 12-month sentence also included an assault on an intimate partner.

He was given 12 months after being released from prison to pay the $1,392 restitution.

However, Beres appealed the decision, saying he shouldn’t have to pay the $1,400 as his time in jail was enough of a punishment.

The decision said the senior had hired Beres, who is in his early 40s, to install some car seats in a vehicle, but there was a dispute about payment.

It led to Beres smashing the windshield of the senior’s vehicle with his fist.

The senior then began driving to the Nakusp police station, but Beres followed him. He then hit the senior in the face causing him to fall to the ground.

“Mr. Beres walked away and then returned to kick the (senior) several times while he lay on the ground. He walked away again and then returned a final time to stomp on (his) cell phone,” the decision read.

The sentencing judge said Beres had assaulted the senior with an “explosion of aggression.”

In a victim impact statement read to the court, the senior said they were terrified and could constantly here Beres’ voice threatening him that, “this is only the beginning. I will take your business down.”

The decision said Beres works as a painter making $2,000 a month and has a living arrangement with his employer, so he doesn’t pay for rent or utilities. He has about $100,000 of debt and is considering filing for bankruptcy. 

While Beres argued he shouldn’t have to pay the $1,392, the Justice disagreed.

The Justice noted the restitution order provides a “convenient, rapid and inexpensive means of recovery for the victim” and it was reasonable in the circumstances.

Ultimately, the Justice dismissed his appeal.

Beres is due back in court next month on separate charges of mischief, uttering threats and breaching his probation.