A Kelowna man with schizophrenia who stabbed a police officer in the eye during an altercation outside a supportive housing unit has failed in his attempt to have his jail sentence reduced.

According to a June 2 BC Court of Appeal decision, Richard Brant McCrae argued that the judge who sentenced him to seven years in jail had not given enough consideration to his mental health issues, which reduced his moral blameworthiness.

However, a panel of three justices didn’t agree.

“In imposing a six-year sentence with three years’ probation, the judge balanced the fact that the victim was a police officer, the unprovoked and violent attack and the potential for a fatal injury against Mr. McCrae’s attenuated moral culpability,” Justice Nitya Iyer said in the decision. “In my view, (McCrae) has not established that sentence is demonstrably unfit.”

McCrae appealed the six-year sentence for aggravated assault, arguing he should have gotten time served at four-and-a-half years. He was also given an extra year in jail for disarming a police officer.

The incident dates back to March 2022, when Kelowna RCMP officer Const. Jason Tymofichuk responded to a “fairly routine” call from Ellis Place, a supportive housing unit.

A person had refused to take down a tent, and staff had called 911.

When Const. Tymofichuk arrived McCrae had been polite to him, but changed when the officer asked to take a look in the tent.

McCrae, who is 6’2” and weighs 250 lb., swung at the 5’7” 160 lb. officer and stabbed him in the eye socket with a knife.

McCrae continued to swing the knife at the officer, who managed to grab his gun and fired a shot.

The two men struggled for control of the officer’s gun, and McCrae managed to lift Const. Tymofichuk off the ground. McCrae asked the officer to shoot him.

A resident at Ellis Place managed to distract McCrae for enough time for the Const. Tymofichuk to get up.

“McCrae then slashed his own throat with his knife,” the decision reads.

Shortly afterwards, after being Tasered numerous times, McCrae was arrested.

“Cst. Tymofichuk had two eye surgeries. After some time, he recovered full vision but sustained permanent nerve damage and scarring. He has no feeling on the right side of his face. He has lasting psychological injuries, including PTSD, depression, and anxiety,” the Justice said. “He no longer works in the same policing role.”

At trial, McCrae argued a defence of not criminally responsible on account of mental disorder, but the judge rejected it, saying that while he was suffering from a mental disorder, the events were not a result of acute psychosis.

The decision said he has been diagnosed with schizophrenia, alcohol use disorder, stimulant use disorder, cannabis use disorder, opioid use disorder and cluster B personality traits.

A psychiatric report found that the risk of future violence, the potential for serious harm and the risk of recidivism were high, and suggested the court consider a forensic treatment order.

The decision said McCrae had not been taking all his prescribed medications at the time of the offence.

While McCrae argued his sentence was “demonstrably unfit,” the appeal court rejected the proposal.