Officers of the B.C. Sheriff Services lead Gregory Stanley Nield, of Summerland, to a waiting vehicle at the back of the Penticton provincial courthouse Dec. 9, 2014. Nield was convicted of aggravated assault by a jury won an appeal for a new trial. Western News file photo

South Okanagan man who attacked his doctor wins appeal

Summerland man who attacked his psychiatrist will get a new trial

A man who was found guilty of aggravated assault of his psychiatrist at the Penticton Regional Hospital has been granted a new trial.

Gregory Stanley Nield, from Summerland, was involuntarily admitted to the hospital under the Mental Health Act in December 2014. The court heard that Nield was experiencing migraines and was self-medicating with magic mushrooms when he started experiencing mental health issues.

Related: Jury finds Nield guilty of attacking

During admission to the hospital, Nield struck his treating psychiatrist — Dr. Rajeev Sheoran. He suffered serious injuries which required surgery, including a prosthetic cheekbone and dental work, and cognitive brain injuries.

Defence counsel Stan Tessmer argued during the trial that Nield’s mental state had deteriorated under Sheoran’s care and that the doctor had improperly medicated him. As well, defence argued that Nield’s mental state at the time was such that he believed he was being held unlawfully.

Related: Nield gets 30-month probation for assault on doctor

The jury at the trial found Nield guilty and he was sentenced to a 30-month probation order. Crown had asked for a two to four year sentence. After the jury decision, Tessmer said they would be making an appeal based on what they believed was errors by the judge preventing defence counsel from leading evidence.

In the written reasons by Justice Peter Willcock, dated Jan. 30, 2019, it states the trial judge did make errors in regards to evidence that could have gone toward establishing the available defence of the mental state of the defendant.

“The judge failed to weigh the costs and benefits of receiving the treating physician’s opinion evidence. Further, the judge erred in not admitting relevant portions of the hospital record … including observations on the patient’s behaviour and the administration of drugs, after a witness attested to the record’s authenticity,” Willcock wrote in his reasons.

The conviction is now set aside and a new trial has been ordered.

To report a typo, email:


Like us on Facebook and follow us on Twitter.

Just Posted

Theft remains top call for RCMP service in Penticton

Supt. Ted De Jager highlighted some of the statistics his detachment has seen

South Okanagan could be home to the area’s next craft brewery

A public hearing about the proposed brewery will take place at Penticton city hall on Aug. 6

Okanagan society sends seniors, shut-ins on boat excursions

Okanagan Quality Life Society has been providing Okanagan Lake boat rides for nearly 30 years

A rainy July is normal for the Okanagan

Rainy days in July haven’t been seen since before 2014

Updated: Former home of accused Penticton shooter vandalized

Ex-wife of man who is accused of murdering four people had her house vandalized

VIDEO: Plant-based burgers may not be as healthy as they seem

Both the Impossible and Beyond Burger have more saturated fat than beef burgers

Olympic softball qualifier gets $150K boost from provincial government

2019 Americas Qualifier to be held in Surrey from Aug. 25-Sept. 1

Gas price inquiry questions Trans Mountain capacity, company denies collusion

The first of up to four days of oral hearings in the inquiry continue in Vancouver

Okanagan woman heads up college foundation board

Gladys Fraser of Vernon brings experience to role as chair of Okanagan College Foundation board

Stolen car now returned to Summerland dealership

Vehicle was stolen on same day as attempted carjacking incident

‘Benzos’ and fentanyl a deadly cocktail causing a growing concern on B.C. streets

Overdoses caused by benzodiazepines can’t be reversed with opioid-overdose antidote naloxone

Rock the Lake music festival in Okanagan nears Saturday night sellout

Aug. 10th show is nearly sold out and three-day weekend passes are almost gone as well

Police recover $12,700 in stolen pet food from North Shuswap property

Chase RCMP execute third search of property where stolen vehicles, illegal firearms seized

Hergott: Medical cannabis and ICBC

ICBC might start reimbursing the expense of cannabis just like they do for prescription medications

Most Read