A North Okanagan man, convicted of stabbing two brothers in the neck with a knife, will soon receive the sentence his victims have long been waiting for.
Samule McIntosh, 37, was found guilty by a jury of aggravated assault and assault with a weapon on May 14, 2019. The offence took place in 2016, but in November 2017 McIntosh was injured after being struck by a vehicle.
McIntosh’s injuries have complicated the matter of handing him his sentence, mainly because the extent of his injuries and the impact they would have on him in custody wasn’t known.
“Sentencing in this case has taken a slightly unusual course,” Justice Murray Blok said in B.C. Supreme Court Thursday morning. Blok was referring in part to what happened two months prior, when the sentence was originally expected to be given.
“On the last day of this sentencing hearing it emerged that there were other documents available somewhere — psychiatric assessments in particular — and a need for medical information concerning Mr. McIntosh’s situation,” Blok said.
Those documents have been reviewed and submitted, and Justice Blok will give his decision on Friday at 10 a.m at the Vernon Law Courts.
The sentencing stems from an incident on Aug. 28, 2016, when McIntosh stabbed Dayton Martens during an altercation near the now demolished Civic Arena in downtown Vernon and his brother, Dakota Martens, shortly after. McIntosh was homeless at the time.
The sentence length hinges on how onerous McIntosh’s injuries will be in custody, however the Crown argued that in light of the new pre-sentence report, McIntosh appears not to have been taking care of his own rehabilitation.
“The theme that runs through the rest of this pre-sentence report is of Mr. McIntosh failing to take steps to address his medical issues,” said Crown lawyer Laura McPheeters.
The court heard how McIntosh’s spotty record when it came to showing up for medical appointments for his injuries. Reading from the latest pre-sentence report, McPheeters said one of McIntosh’s physiotherapists had only seen him three times since his accident in November 2017.
She added a kinesiologist had closed a file with McIntosh after he had missed four of eight scheduled appointments. In other instances, McIntosh had failed to be present for medical appointments scheduled to take place at his own home.
Defence lawyer Ray Dieno argued McIntosh was acting out of self-defence on the night of the offence, which left Dayton Martens with life-threatening wounds from the base of his skull to his upper back. Dieno said the jury had not found McIntosh to be the instigator.
However, McPheeters noted self-defence had also been ruled out by the jury.
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