Appeals court reduces triple-stabbing sentence
By Peggy Revell on February 10, 2018.
prevell@medicinehatnews.com @MHNprevell The Alberta Court of Appeals overruled a Medicine Hat judge’s eight-year sentence for a man who pled guilty to a triple stabbing, robbery and dangerous police chase. The 3-1 decision issued on Jan. 30 called for Jacob Lucian Shevchenko’s sentence to be reduced by two years less a day— saying the sentencing judge failed to take into account the history and seriousness of the accused’s mental health at the time, and failed to give credit for an early guilty plea. The string of incidents surrounding the charges took place on Sept. 28, 2014., when Shevchenko — who was 26 at the time — was staying at his half-brother’s residence shared by two other roommates. While drinking in the early morning, Shevchenko became agitated for no apparent reason, grabbed a knife and started stabbing the roommate. This attack severed the roommate’s jugular. When the brother and other roommate attempted to intervene, they were also stabbed. Shevchenko fled to Elkwater where he stole a grain truck. He returned to the city, robbed two men of cash and threatened them with a sledgehammer. He then used the grain truck to back into the men’s vehicles. During an ensuing chase by police, Shevchenko reversed the grain truck and smashed it into the hood of a police vehicle. Police finally arrested him just before 10 a.m. the same day. Shevchenko pled guilty on Nov. 25, 2015 to three counts of aggravated assault, robbery, dangerous operation of a motor vehicle, evading the police by failing to stop during the operation of a motor vehicle and possession of property obtained by crime. On Oct. 26, 2016, Judge Eric Brooks settled upon the eight-year sentence. Crown had sought 10 years, while defence counsel argued for 4.5 to 6.5 years. Shevchenko had already served 25 months of pre-trial custody, so was granted 38 months credit. The sentencing appeal was heard Dec. 12, 2017, with the appellant requesting the sentence be reduced to 4.5 years. The court agreed there were reversible errors in the sentence, stating “the sentencing judge’s misapprehension of the medical evidence, specifically his failure to appreciate the length, seriousness and complexity of the mental illnesses the appellant was dealing with, was a fundamental error. Failing to consider the mental illness as calling for leniency was an error of law.” Noted in the ruling was Shevchenko’s “significant history” of mental illness, including a diagnosis of bipolar disorder dating to 2009. “The medical opinion made clear … that when the offender went off medication on a trial basis there was swift and detectable deterioration, in mood and serious emotional ability, an elevation in anger and other signs of psychosis,” the ruling stated. “These were obvious indicia of mental illness in the absence of substance abuse. The sentencing judge misapprehended this evidence.” The court disagreed with the judge’s suggestion that substance-induced bipolar disorder “might be an aggravating factor where there is presence of a substance … implicitly, he concluded that such a state is self-induced.” “The record supports that the odd behavior exhibited by the appellant immediately before the ‘unprovoked’ attack, his subsequent behavior and his mental state upon arrest make clear that the offences were precipitated as a result of or during a serious mental breakdown.” The appeal court said “a fit sentence must reflect the appellant’s underlying serious mental illness, attenuate the goals of general deterrence and denunciation, and focus on treatment and support in the community as well as potential future risk and community safety.” 15
-14
