Aggravated assault
R. v. Fierheller
Sentence and the Crown's position
What the law allows
James Fierheller pleaded guilty to aggravated assault after punching a man seated on his walker outside a Vancouver supportive housing residence; the victim fell, struck the ground and died two days later. Crown and defence jointly proposed the sentence. Associate Chief Justice Holmes imposed three years and two months, all but one day satisfied by credit for pre-sentence custody, followed by three years of probation, finding that his mental illness, substance abuse and homelessness played a significant role in the offence.
In the judge's words
1It is clear that Mr. Fierheller's mental health, as well as his substance abuse, which may also be seen as an aspect of his mental health condition, played a significant role in the commission of the offence, as Ms. Dickson submitted. So too did Mr. Fierheller's persistent homelessness.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- 4 prior convictions, 1 violent1
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years and 2 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: D.L. Mulligan
Defence: S.N. Dickson
Sources
- R. v. Fierheller, 2022 BCSC 2050 Court decision, CanLII, September 15, 2022
Crown and defence counsel now join in proposing the sentence that the Court should impose.…[13] I am satisfied that the sentence counsel jointly propose strikes the difficult balance in this case between the public interest and Mr. Fierheller's own interests.…to a total period of incarceration of three years and two months, of which one day imprisonment is to be new time.
Crown and defence counsel now join in proposing the sentence that the Court should impose.…[13] I am satisfied that the sentence counsel jointly propose strikes the difficult balance in this case between the public interest and Mr. Fierheller's own interests.…to a total period of incarceration of three years and two months, of which one day imprisonment is to be new time.
[2] Mr. Fierheller entered a guilty plea on May 30 of this year to the aggravated assault of
[6] I infer also that those too played a part in Mr. Fierheller's criminal convictions of which there are four, described in the Crown's written submissions as follows:
[5] It is clear that Mr. Fierheller's mental health, as well as his substance abuse, which may also be seen as an aspect of his mental health condition, played a significant role in the commission of the offence, as Ms. Dickson submitted. So too did Mr. Fierheller's persistent homelessness.
[14] As I noted, Mr. Fierheller has been in custody for a very substantial period. He will be sentenced ‑- you can stay seated, Mr. Fierheller ‑- to a total period of incarceration of three years and two months, of which one day imprisonment is to be new time.…[16] In addition, Mr. Fierheller, you will be subject to a probation order of the maximum length, three years,
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Fierheller, 2022 BCSC 2050 Court decision, Courts of British Columbia