Court of Appeal in Vancouver. (File photo: Tom Zytaruk)

Court of Appeal in Vancouver. (File photo: Tom Zytaruk)

Stabber tells appeal court his victim could have defended himself

Jason Kenneth Andrew McGee, 28, unsuccessfully argued his three-year sentence for aggravated assault is too long

A man serving three years in prison after leaping out of some bushes next to his mom’s home and stabbing another man three times with a knife says he received an unfit sentence because a Surrey provincial court judge didn’t properly consider his schizophrenia as a mitigating factor.

But Justice Christopher Grauer, of the Court of Appeal for British Columbia, upheld the sentence and dismissed Jason Kenneth Andrew McGee’s appeal with Justices Harvey Groberman and Joyce Dewitt-Van Oosten concurring.

McGee, 28, pleaded guilty to aggravated assault and was sentenced in March. By that time, he had already been in jail 225 days and after getting time-and-a-half credit for that, his net sentence worked out to 757 more days in prison.

He told the appeal court his sentence should be more like 15 to 20 months plus probation.

The court heard that just before midnight, on Aug. 7, 2019 McGee jumped from the bushes, stabbed the victim and took off before police arrived, but he was arrested the following day.

The Crown told the court the wounds were in the victim’s back but McGee, who represented himself in court, claimed they were under his shoulder and arm.

While serious, the wounds were not considered to be life-threatening.

READ ALSO: Surrey hatchet attack victim wins court case against B.C. government

READ ALSO: Judge finds Surrey RCMP breached two robber suspects’ Charter rights

READ ALSO: Surrey immigration fraud case back in court late December

At the time of the stabbing, McGee was on bail and violated two conditions by going to his mother’s home and possessing a weapon. The court heard he had eight prior convictions – one for assault in 2016, one for arson in 2017 and the other six for breaching court orders.

Grauer noted in his Dec. 17 reasons for judgment that a psychiatrist assessed McGee less than a month before he was sentenced and indicated he continued to suffer psychotic episodes “but had improved considerably after two months of treatment and medication at the Forensic Psychiatric Hospital, and could now engage in meaningful conversations.

“He was found fit, although the author reported that he lacked insight into his mental illness, denied symptoms, and exhibited poor judgment.”

The Surrey sentencing judge noted McGee doesn’t believe his attack compromised public safety, “thinking it was a private act at a residence, and that McGee also maintained his victim could have defended himself if he tried.

“That is the degree of his lack of insight into his conduct,” the judge said.

Grauer noted that had the Surrey judge sentenced McGee to a prison term at the “high end of the range,” it then “would certainly be arguable that the judge had erred in principle by failing to give proper consideration to the effect of mental illness on the offender’s moral culpability.

“But that is not what occurred,” Grauer added, noting the provincial court judge did take McGee’s mental health into account.

CourtstabbingSurrey

Just Posted

(Clockwise, from top-left) Brenda DeJong, Carol Jones, Marcia Strang, Cathy Collis and Mark East star in the upcoming Sidekick Players Zoom presentation of the Norm Foster play “Halfway There,” directed by Carroll Lefebvre, on May 22, 2021. (Submitted photos)
Delta’s Sidekick Players continue ‘Foster Zoom Fest’ with ‘Halfway There’

Tsawwassen-based theatre company hosting another online performance on Saturday, May 22

Sergeant Mike Sanchez of the Surrey Gang Enforcement Team speaking with students. (Photo: RCMP).
Surrey RCMP’s anti-gang program goes virtual amid COVID-19 pandemic

Presentations aimed at youth available to be booked

Surrey City Hall. (File photo)
Discussions about Surrey-owned land in Langley should be behind closed doors, councillors say

That’s what Councillors Brenda Locke, Jack Hundial and former Surrey mayor Bob Bose say

Little House Alcohol & Drug Addiction Recovery Society COO Debbi McKenzie stands in front of the society’s namesake facility with Phoenix Drug Alcohol Recovery and Education Society CEO Keir Macdonald. (Submitted photo)
Delta’s Little House Society merging with Surrey-based Phoenix Society

Merger ‘came together in a really organic way’ as societies have been working together for two years

Elsje Hannah stands in the old safe at the Healing Place Counselling Centre in the Dale Building. Hannah converted the old safe into a chapel-area for quiet reflection for clients at her practice, which includes the not-for-profit Soul Matters Counselling. (Photo: Malin Jordan)
Not-for-profit counselling service opens in Cloverdale

Soul Matters Counselling is located on 176th in the Dale Building

Daily confirmed COVID-19 cases reported to B.C. public health, seven-day rolling average in white, to May 12, 2021. (B.C. Centre for Disease Control)
B.C. preparing ‘Restart 2.0’ from COVID-19 as June approaches

Daily infections fall below 500 Friday, down to 387 in hospital

Bradley Priestap in an undated photo provided to the media some time in 2012 by the London Police Service.
Serial sex-offender acquitted of duct tape possession in B.C. provincial court

Ontario sex offender on long-term supervision order was found with one of many ‘rape kit’ items

Rich Coleman, who was responsible for the gaming file off and on from 2001 to 2013, was recalled after his initial testimony to the Cullen Commission last month. (Screenshot)
Coleman questioned over $460K transaction at River Rock during B.C. casinos inquiry

The longtime former Langley MLA was asked about 2011 interview on BC Almanac program

Mandarin Garden in Abbotsford had two event tents set up for outdoor dining. One of the tents, valued at more than $5,000, was stolen early Friday morning (May 14). (Submitted photo)
UPDATE: Dining tent stolen from Abbotsford restaurant is located

Owner says it would have cost more than $5,000 to replace the rented event tent

Steven Shearer, <em>Untitled. </em>(Dennis Ha/Courtesy of Steven Shearer)
Vancouver photographer’s billboards taken down after complaints about being ‘disturbing’

‘Context is everything’ when it comes to understanding these images, says visual art professor Catherine Heard

Trina Hunt's remains were found in the Hope area on March 29. Her family is asking the public to think back to the weekend prior to when she went missing. (Photo courtesy of IHIT.)
Cousin of missing woman found in Hope says she won’t have closure until death is solved

Trina Hunt’s family urges Hope residents to check dashcam, photos to help find her killer

Chief Public Health Officer Theresa Tam listens to a question during a news conference, in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Restrictions will lift once 75% of Canadians get 1 shot and 20% are fully immunized, feds say

Federal health officials are laying out their vision of what life could look like after most Canadians are vaccinated against COVID-19

Police are at Ecole Mount Prevost Elementary but the students have been evacuated. (Kevin Rothbauer/Citizen)
Gardener finds buried explosives, sparking evacuation of Cowichan school

Students removed from school in an ‘abundance of caution’

Most Read