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BARRHEAD - A Barrhead man received a substantial jail sentence in connection with a robbery and an assault in early June.
In Barrhead Court of Justice, July 25, Nicholas Keith George received a 21-month jail sentence and 24 months of probation after pleading guilty to robbery and assault with a weapon.
Justice Jeffery B. Champion handed down the sentence, accepting a joint submission from the Crown and agreed that it offered appropriate denunciation and deterrence.
“Clearly, Mr. George was hallucinating at the time of offence being in an amphetamine-induced psychosis,“ Jutice Champion said. “I appreciate your taking responsibility for your actions, and I hope you get help to solve your issues.”
As part of the sentence, George also received a non-communication order prohibiting contact with the complainants, a lifetime firearms ban and must submit a DNA sample within 60 days.
The Crown also withdrew two charges, one for assault and the other for threatening to cause bodily harm.
The sentence was divided into two: for the robbery charge, George received 21 months incarceration and 24 months of probation, while for the assault with a weapon charge, he received nine months in jail to be served concurrently.
After being credited with 77 days served at 1.5 time (51 days real-time), George will serve 533 days in jail.
The crime
Crown prosecutor Anthony Estephan said Barrhead RCMP responded to a report on June 4 at about 6:45 a.m. of an assault with a weapon at a 55th Avenue residence.
He said that the complainants, a husband and wife, told RCMP that George had entered their bedroom while they were sleeping, screaming that they had stolen his girlfriend's ring and threatened to "chop their legs off" if they did not return the item.
Estephan noted that George was staying with couple while trying to get back on his feet.
"(George) then claimed to be the new chief of police and attempted to grab (the wife's cellphone)," he said, adding that when she refused, George punched the woman in the arm and snatched the phone out of her hands before leaving the room.
Estephan said George returned shortly after carrying an axe, which he swung at the husband, who was still in bed.
Fortunately, he said that the husband blunted the impact of the blow using the bedding and did not suffer any injuries.
"(The husband) stated that George seemed to be hallucinating and was still calling himself the new chief of police," Estephan added.
Crown's position
Estephan said the Crown's position was informed by factors and called the incident "quite serious".
"We are dealing with a robbery with a punch delivered before the phone was stolen, and an axe was swung (that hit one of the complainants),” he said. “Fortunately, there were no injuries."
On the aggravating side, Estephan noted George's three-page criminal record had both recent and relevant convictions, including an assault in 2015, where he received a 240-day sentence and 18 months of probation, among others.
"There is a history of violence," Estephan said. "There was a threat made, not part of the robbery … (the offence) also occurred in the victim's home, so there an element of broken trust."
He also referred to a fitness evaluation done for the court in 2019, which diagnosed George with schizophrenia and that he experiences auditory and visual hallucinations, there is also a previous incident of amphetamine-induced psychosis, and a likely diagnosis of anti-social personality disorder.
Defence lawyer Richard Forbes agreed with the Crown's assessment, adding the submitted sentence was more than anything George had ever received.
"We are dealing with a man with a severe mental illness that was in its grips at the time of the incident. There were no injuries or property damage, and the stolen phone was returned," he said, adding that the extended incarceration and probation, along with the other protective measures, would help ensure public safety.
Barry Kerton, TownandCountryToday.com
