Four-year sentence for man who attacked friend with hatchet

A judge referenced a 26-year-old man’s young age and struggles related to his First Nations background in handing down a four-year sentence on Thursday for a brutal hatchet attack.

Nolan McNab previously pleaded guilty to aggravated assault in relation to an incident from July 15, 2014, in which he assaulted a friend with a hatchet, causing permanent injuries.

The Regina court heard the incident — McNab’s third aggravated assault — arose while the men were at an Elliott Street house. It wasn’t clear what led to the assault, which occurred after the two men left the yard and headed into the back alley.

The complainant was found shortly after and was taken to hospital for treatment of six gashes from hatchet blows, including three to the head that reportedly caused a skull fracture. The man needed two surgeries, one of which replaced a portion of his skull with a metal plate. Court heard he continues to struggle with his speech and the injuries are considered permanent.

McNab told the court that, due to his level of intoxication at the time, he doesn’t remember the incident.

Crown prosecutor Mitchell Miller had asked Justice Janet McMurtry to impose a seven-year prison term less remand credit — significantly above the 15 months the man received for his last aggravated assault in 2012.

Defence lawyer Estes Fonkalsrud, pointing to a number of Gladue factors impacting his client, asked the judge to consider a sentence of four years less credit. Fonkalsrud pointed out McNab’s troubled life has been replete with racism, poverty, family dysfunction, exposure to abuse and fallout from residential schools, among other issues.

Court previously heard McNab has been drinking since age 10 and has been unsuccessful in confronting the alcohol problem that lies at the root of much of his criminal offending.

It was in part because of the Gladue factors present that McMurtry opted to impose the defence-requested sentence.

“Mr. McNab has a record for violence,” she said. “However, he is still very young and motivated to change. In applying Gladue and Ipeelee (case law), I find his moral culpability is reduced when taking into account the significant difficulties he experienced as a youth.”

Remand credit was calculated at approximately 3½ years, leaving McNab with six months, 12 days to serve.

McNab offered an apology, telling the court, “I’m sorry for what I’ve done.”

“I hope one day he can forgive me,” he said. “If he can’t, I completely understand.”

McMurtry took a moment to encourage McNab to steer clear of his old ways once back out.

“You have lots of opportunity and time to change, and I very much hope you are able to do that,” she said.