‘This accused deserves better:’ frustration voiced in Nanaimo court with few supports for mentally ill offenders

Crown counsel’s Neal Bennet outlined Tye’s offences included three separate incidents of assaults against correctional officers in Saanich.

In one instance, an officer missed eight days of work after he was severely bitten by Tye, while in the two other cases the offender threw soup and coffee at correctional officers who were unharmed.

The Nanaimo crimes involved Tye damaging patio furniture outside a Nanaimo coffee shop on Commercial St., while an assault charge was stayed after an employee was injured while attempting to remove the offender from her business shortly before the coffee shop incident on July 19.

After submitting a 21-page stack of Tye’s criminal record to the court, Bennet told court Tye is clearly not deterred by the threat of jail.

“This is reflected in part by the number of convictions she’s accumulated and is also evident in her long history of committing criminal offences almost as soon as she’s released after custody.”

Bennet requested a little more than a year of extra jail time for Tye, arguing the sentence could have been longer based on her record.

Referencing a forensic assessment for Tye conducted in 2022, Bennet said the report showed that Tye lashes out violently and she feels victimized and justified to inflict harm.

Tye had shown insight into prior offending and knew it was against the law and morally wrong to offend.

She has proven to be exceptionally difficult to manage while in custody and in the community, Bennet noted.

The offender was released from jail on bail conditions for less than a month prior to the Commercial St. incidents.

Court was told Tye’s challenging childhood included being the victim of physical abuse and bullying.

Defence attorney James Wright said offenders like Aiden Tye with mental health problems are continually setup to fail.Tye has been convicted 29 times for assaulting peace officers. (Ian Holmes/NanaimoNewsNOW)

The offender’s past crimes included throwing a brick at a pregnant woman in downtown Nanaimo in 2022.

Impassioned defence lawyer James Wright fully acknowledges the harm his client has imposed on society and has deserved jail sentences.

However, Wright argued Tye has been mishandled by the judicial system and senior levels of government, saying adequate community-level support is severely lacking to assist Tye and therefore benefit society as a whole.

Wright believes Tye should meet the criteria of an NCRMD offender (not criminally responsible due to mental disorder).

He said it’s inevitable Tye will continue offending.

“It’s going to because we don’t have the sufficient resources provided by society which is not her fault it’s our fault — it’s up to governments to be able to find the resources and that’s where we’re at.”

Wright pointed to a case in Duncan where an NCRMD offender obtained housing with 24-hour-a-day on-staff support.

He said there is typically a triggering event in which Tye’s impulse control takes over and she loses her temper.

“That doesn’t excuse her behaviour, let me make that clear, but it explains it,” Wright told court, who believed a proper rehabilitation plan would better manage his client’s risk.

Wright told court he’s been in contact with a social housing provider to arrange for post-release living arrangements for Tye.

Having sentenced Tye several times in the past and being well familiar with the offender, Judge Brian Harvey stated Tye’s mental health issues weren’t her fault.

“The accused has a terrible criminal record, the accused needs help. This court can only do so much to help this accused,” Harvey stated.

Tye’s sentence includes one year of probation upon release, with judge Harvey disagreeing with the Crown’s proposal of barring Tye from the Commercial St. area, which the judge said is a stipulation destined to fail.

“To be clear, the continuous warehousing of individuals such as Ms. Tye should be alarming, not only to the general public, but to those in public office who have the power to do more. This accused deserves better, society deserves better to assist persons such as Aiden Tye,’ judge Harvey stated during his half-hour judgment.

Tye didn’t formally make a statement from the prisoner’s box, but thanked the court for their attention to her matter.

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by Ian Holmes

‘This accused deserves better:’ frustration voiced in Nanaimo court with few supports for mentally ill offenders

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