A man convicted of firing rounds into the Vanderhoof RCMP detachment has had his prison time cut in half after he successfully appealed his sentencing.
Paul Nicholas Russell was arrested after firing multiple shots from a rifle on Nov, 25, 2021. The shots hit the police building’s windows and several unoccupied police vehicles. Russell fled and was arrested after a chase.
Court heard that Russell had been experiencing psychotic episodes and drinking heavily in the period leading up to the incident.
He was acquitted of attempted murder in a judge-alone trial, but found guilty of firearms-related charges and flight from police, leading to a 10-year sentence imposed on Nov. 7, 2023. The Crown had asked for 10-12 years, while the defence asked for time served (three years including pre-trial credit) and two years of probation.
In its decision, the court ruled that his mental health issues weren’t considered at the time of the original sentencing.
“The appellant was a 36-year-old first-time offender when these offences were committed,” Justice Janet Winteringham wrote in the court’s ruling. “Evidence was presented that the appellant had experienced psychotic episodes in the time leading up to the offences. The appellant contends the judge materially erred in the determination of a fit sentence in two ways: (1) by failing to afford sufficient weight to mitigating factors including the appellant’s mental illness; and (2) by imposing a sentence that was demonstrably unfit.”
In her written decision, Winteringham stated that Russell's sentence would be reduced to four years for reckless discharge of a firearm, four years for mischief endangering life (concurrent) and one year consecutive for the offence of flight from a police officer. The sentence is retroactive to Nov. 7, 2023, and include pre-trial credit.
Winteringham stated that Russell, a first offender, has done well while in custody, staying sober and receiving treatment and medication to address his mental health issues.
