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B.C. man gets 4 years for 㽶Ƶֱunprovoked㽶Ƶֱ assault on squatter with a metal pipe

㽶ƵֱViolent㽶Ƶֱ nature of assault an aggravating factor, judge wrote in reasons for sentence
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Robert Macaskill was sentenced to four years in jail on Nov. 14 for aggravated assault. (RCMP Crime Stoppers photo)

Robert Troy Macaskill was given a four-year jail sentence for aggravated assault in the Chilliwack Law Courts on Nov. 14.

The sentence handed down by B.C. Supreme Court Judge Ardith Walkem was in connection with an 㽶Ƶֱunprovoked and violent㽶Ƶֱ assault on Frank Paul, that left him crumpled on the ground, head bloodied.

The assault was Feb. 24, 2019, when the victim sustained a series of serious injuries at the hands of Macaskill, including a broken leg, arm and shoulder and a fractured skull.

Paul had let himself into the upper unit of a two-storey home on Corbould Street, where Macaskill lived downstairs. Paul, who was homeless and struggling with substances, had stayed there previously and came back to stay there on a cold, winter night.

The second floor was vacant, but Macaskill testified during the trial that he had grown frustrated with frequent squatters gaining access.

When Macaskill found Paul that morning, with syringes on the bed, he tried to kick Paul out. The smaller man was apologetic, but it didn㽶Ƶֱt de-escalate.

㽶ƵֱMr. Macaskill struck Mr. Paul in the lower leg with a metal pipe, resulting in severe injury,㽶Ƶֱ the judge wrote.

The accused had pleaded not guilty, and had told police he had used 㽶Ƶֱthe side of his foot㽶Ƶֱ to kick Paul out of the bed. He said any injuries came Paul from falling down the stairs, but the judge㽶Ƶֱs decision followed the scenario that it was due to being hit with a metal pipe instead.

㽶ƵֱThat initial blow caused injuries so severe that Mr. Paul was unable to walk, causing him to fall down the stairs,㽶Ƶֱ Justice Walkem wrote. 㽶ƵֱHe was then, only capable of leaving by pulling himself on his hands, and crawling out of the unit.㽶Ƶֱ

The injured man was followed out of the house, where the accused continued to strike him.

㽶ƵֱMr. Paul made it to the end of the driveway where he remained. During this time, Mr. Macaskill tried to get Mr. Paul to leave, before there was a need to call the police. For some time, Mr. Paul was crumpled on the ground, in very cold conditions.

㽶ƵֱMr. Paul was unable to walk, due to the injuries he had sustained, with his head bloodied.

㽶ƵֱHelp only came when passersby stopped and called 911, and offered Mr. Paul a tarp to cover up with.㽶Ƶֱ

Sentencing recommendations that came forth from Crown counsel and defence had been 㽶Ƶֱquite disparate,㽶Ƶֱ Justice Walkem wrote in her reasons for sentence.

The Crown had been looking at six to eight years in jail, while defence recommended a conditional sentence of 18 to 24 months, to be served within the community through Joshua House, a recovery centre where he was a resident.

Justice Walkem noted several aggravating factors including 㽶Ƶֱthe unprovoked and violent nature of the assault㽶Ƶֱ as well as use of a weapon; and 㽶Ƶֱthe significant and life㽶Ƶֱaltering nature of the injuries㽶Ƶֱ suffered by Mr. Paul, including the ongoing hearing loss and anxiety he suffers, and the fact that he has faced an ongoing road of surgeries and treatment, and has still not fully recovered.

Macaskill㽶Ƶֱs extensive criminal history, was also considered, which has included other assaults, and one assault, which happened after this one, along with the fact that that criminal history includes breaches and failure to comply with conditions.

㽶ƵֱI have taken it very seriously that Mr. Paul, so injured that he could not walk, and with his skull fractured, pulled himself using his hands, and crawling across the ground, in an attempt to get off the property,㽶Ƶֱ Walkem wrote.

㽶ƵֱHe was left to suffer like that, in that injured condition on the side of the road, until a passerby offered help.㽶Ƶֱ

The judge acknowledged that Macaskill had expressed remorse for the 㽶Ƶֱdehumanizing way㽶Ƶֱ in which he called Paul a 㽶Ƶֱjunkie㽶Ƶֱ, and expressed sorrow for the harm he caused to his victim and his family.

Mitigating factors included the sobriety progress made by Macaskill, and his remorse for the harms.

㽶ƵֱHe is doing well at the Joshua House, and has received supportive letters, and is contributing toward that community that he is a part of,㽶Ƶֱ the judge wrote.

The sentence was four years in jail, with the equivalent of about 100 days of time served, with weapons conditions and DNA samples required.

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Jennifer Feinberg

About the Author: Jennifer Feinberg

I have been a Chilliwack Progress reporter for 20+ years, covering city hall, Indigenous, business, and climate change stories.
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