A Fort St. James man was issued a 30-month suspended sentence Tuesday for attacking a Prince George man with a knife after being teased about leaving his wallet behind at a nearby fast food restaurant.
In issuing his decision at the Prince George courthouse, B.C. Supreme Court Justice John Savage said the assault Johnathon Reily Nicholls, 24, launched against the man was unprovoked but also noted he quickly called off the attack.
And while Nicholls waited until a sentencing hearing on Monday to admit responsibility, he has no criminal record and has lived up to the terms of his bail for more than two years, Savage also noted.
The sentence has a dozen conditions, including that Nicholls take counselling as required by his probation officer and that he refrain from carrying a knife or other weapon. Nicholls was also issued a 10-year firearms prohibition and is required to submit a DNA sample.
In November 2012, Savage found Nicholls guilty of assault with a weapon and aggravated assault for the April 2011 incident in a Prince George apartment building that left the victim with four stab wounds to his upper body.
Nicholls had been visiting the victim at his apartment because of a shared interest in pet snakes and reptiles. The two had smoked some marijuana prior to the attack. Because Nicholls refused to accept responsibility, a psychiatrist was unable to gain any insight into why he took the action.
However, during the trial the court heard that the victim had chuckled when Nicholls told him he had forgot his wallet at the restaurant. The attack occurred just as the victim was picking up his car keys to give Nicholls a ride back to the restaurant.
And during the sentencing hearing, court head that while he was a youth living in the United States, Nicholls was extensively bullied because of his large size and his aboriginal background.
Crown prosecution had been seeking a term of 18 to 24 months in jail, but Savage found most of the case law to support that position involved offenders with criminal records and events that had more serious consequences.
While Nicholl's victim was obviously traumatized, his wounds were not life threatening and he has since recovered from his injuries, Savage said.
If Nicholls breaches any of the conditions he will have to serve the rest of the term in jail. Given he has also been on bail for two years, Savage said Nicholls is effectively facing a total of five years with conditions.
