Crown seeks 3-4 years

Photo: Deborah Pfeiffer

Gregory Nield at courthouse on Friday

The sentencing hearing for a South Okanagan man who was found guilty of severely beating a doctor at Penticton Regional Hospital two and a half years ago took place Friday in Penticton court.

Gregory Nield was convicted of aggravated assault, following a four-day trial in April that his defence lawyer called one of the “most frustrating he’s ever been involved in.”

During the lengthy hearing, Friday morning, Crown counsel Sarah Firestone suggested a sentence in the three to four year range would be appropriate to the circumstances, along with a firearms ban.

Her reasoning for the sentence included the impact on the victim, Dr. Rajeev Sheoran, including ongoing problems in respect to a brain injury, major depression, post traumatic stress disorder and emotional trauma for his family.

Physically, she said, he suffered severe facial injuries, has difficulty eating and headaches. As for the economic impact, the crime has caused heavy financial losses, she said.

Firestone also pointed to the fact that Nield has not taken any responsibility for what occurred, other than expressing remorse to families. She stated this makes a case for “victim blame.”

Psychological reports indicated a low risk to reoffend, unless he becomes psychotic or manic again. Nield was taking magic mushrooms for a full month to treat migraines prior to being admitted to hospital, eventually being held involuntarily.

While crown referred to principles of denunciation and deterrence in this case, defence lawyer Stan Tessmer said he had an opposite view, believing it should be about rehabilitation.

Tessmer said in his view, he should not have been committed while he was on mushrooms, and once he was, should not have been given any drugs in hospital.

He further deteriorated once he was in hospital, he added, arguing that a period of probation would be more appropriate as a sentence.

Nield, he stated, has done everything he was supposed to since being released on bail after a short time in custody, including obey the conditions of his bail, work on his family farm and attend Narcotics Anonymous.

He also read from several letters of reference for Nield, stating he has been a good husband, good father and citizen.

Many said they were shocked to hear of the incident and that it appeared he had suffered a temporary mental health issue.

Tessmer stated Nield has lost his license to work as a massage therapist because of the incident and hopes to work as a power line technician.

Following the submissions, Justice Hope Hyslop said it was “very clear cut” that she would not be able to make the proper decision, Friday. “We are going to have to come back again,” she said.

A final sentencing date has not been set yet.