After spending the better part of two years in remand, Mackenzie Dennis Selk is now waiting to find out what his sentence will be for a violent home invasion on Albert Street on April 21, 2018.
Sentencing arguments were made by Crown prosecutor Derek Davidson and defence attorney Danish Shah on Feb. 3 in Estevan Provincial Court before Judge Michelle Brass.
The case has been before the courts for nearly two years, which is more typical of offences like murder. This included a planned preliminary inquiry that didn’t happen. Much of that time was as a result of several psychological assessments to see if Selk might qualify as “not criminally responsible,” due to his mental state.
Selk initially faced charges of attempted murder (using a golf club), aggravated assault, uttering death threats, resisting a peace officer and break and enter; but after the lengthy proceedings, those charges were reduced to aggravated assault, break and enter and resisting a peace officer.
The victim in the case had dated Selk’s sister. No reason was given as to why he was upset with the victim, but Davidson explained that Selk had called the victim, threatening his life and telling the victim that he was coming over. The victim called his mother, who called police.
When the police got there, the front door had been broken off its hinges. The victim had blood spatter on his face, as well as blood on his forearm. His wrist had been injured. Selk had used a golf putter to assault the victim, swinging it so hard that the club’s head broke off, after which point Selk tried to use the broken putter shaft to stab at the victim, puncturing the right forearm.
The victim identified the accused, and police went looking for him. Selk went to a bar before proceeding to another drinking establishment downtown. That’s where the Estevan Police Service found him. Officers asked him to come out quietly, but instead a struggle ensued, and Selk attempted to headbutt one of the officers, which resulted in a charge of resisting a peace officer.
“He stood up, lunged forward and tried to headbutt Constable (Danielle) Stephany,” Davidson said.
Davidson said Selk had tried to push and pull away from the police as he was being taken down the sidewalk from the bar.
“Mr. Selk has been in custody since then,” the prosecutor said, noting the victim, who did not provide a victim impact statement, is still fearful of Selk and what he would do when he gets out of custody.
As remand time before sentencing is credited at a ratio of 1.5x, Davidson explained Selk had already effectively served 32 months.
“This is a home invasion and aggravated assault,” Davidson told the judge. He pointed out, “He has not pleaded NCR (not criminally responsible). He acknowledges he was hearing voices, that his motive behind this was he was getting angry at the voices.”
Davidson said the range for sentences for aggravated assault is usually two to four years, but home invasions are much longer. He suggested a sentence of four years, eight months. That would recognize the 32 months already served, and going forward would still allow for the full two years required for a penitentiary sentence. This would mean his release would be under a parole regime.
He also said a 60-day concurrent sentence would be appropriate for the resisting arrest charge.
Additionally, Davidson said Selk should have to submit a DNA sample, have a firearms prohibition for 10 years and a lifetime prohibition for owning restricted firearms. As well, there should be a no contact order with reference to the victim.
Davidson said Selk’s prior record was “somewhat lengthy” and included a previous assault. He acknowledged Selk pleading guilty was a mitigating factor.
In Selk’s defence, Shah said a not criminally responsible defence wasn’t canvassed because if someone knows something is wrong, it doesn’t apply.
He said Selk is 26 years old, with a Grade 12 education and has worked on and off the rigs since he was 18.
Shah said prior to this incident, Selk had no prior diagnosis of mental health issues, having “self medicated” with alcohol and drugs, including methamphetamine. Since then, he’s had three different diagnosis, inkling a primary psychotic disorder which is most likely schizophrenia, schizophrenia with most likely a bipolar disorder, and schizophrenia which is “partially treated.”
Shah said Selk has not had any violent outbursts since he’s been diagnosed and medicated.
“He has accepted responsibility. He does show remorse,” Shah said.
Shah said Selk’s family is on board and willing to pay for an expensive out of province treatment facility called Edgewood in Nanaimo, B.C. Selk has been accepted into their program, if the judge will allow it.
Shah suggested that after having served 653 days already, effectively 979 days at 1.5x ratio, he should be given a sentence of two years probation going forward, “checking off every single condition that can possibly be given.”
The Crown countered by saying Selk was a “high risk to reoffend,” and he has been on probation before. Also, if he was sent for treatment out of province, and decided to walk away from it, not much could be done.
“If he’s in B.C., he’s difficult to monitor,” Davidson said.
Selk did not address the court himself.
It was the submissions of case law that had Judge Brass’ particular attention. She withdrew to her chambers for close to an hour before deciding she would reserve her decision, noting she wanted to go over the cases cited. She also requested additional case law submissions from each side.
Brass will render her decision on Feb. 25.
