Jeffrey Andrew Benvin, 49, has been spared additional jail time after being sentenced for shooting a trespasser multiple times with rubber bullets at a south Nanaimo waste disposal facility on Jan. 1, 2024. (Facebook)

By Jordan Davidson

in community sentence

‘I’m sorry this happened:’ Nanaimo man avoids further jail time for shooting trespasser

Aug 27, 2025 | 4:59 PM

NANAIMO — A local man has been spared additional jail time after pleading guilty to shooting a trespasser with rubber bullets on New Year’s Day last year.

Jeffrey Andrew Benvin, 49, was given a Conditional Sentence Order (CSO) on charges of aggravated assault and discharging a firearm, and will serve an additional 162 days in the community, after receiving credit for 567 days of jail time already served.

The sentence was handed down in B.C. Supreme Court in Nanaimo on Wednesday, Aug. 27, by Justice Douglas Thompson, who said he accepts Benvin didn’t know how badly the victim was injured after being shot.

“I’m also satisfied that Mr. Benvin has learned that his actions were criminally excessive, and that the proper response to this sort of intrusion is to call the police. I’m quite sure that he will not repeat this mistake. In other words, specific deterrence is not required, and rehabilitation is not a concern.”

Thompson said Benvin’s past interactions with other trespassers were a direct factor in this incident, including being struck in the head with a rock, being cut and threatened with knives.

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“I’m satisfied beyond a reasonable doubt that this led to him embracing a vigilante-type attitude to the job, including purchasing and then using the wildlife control rounds [rubber bullets] on an intruder who posed no threat at the time the rounds were discharged.”

Thompson called Benvin’s treatment of the victim “beyond callous, even in the context of [the victim’s] status as the intruder.”

Despite this, Thompson added he believed Benvin was truly remorseful for the incident, detailed in an apology note Benvin addressed to the victim, his guilty plea, and his behaviour during over a year in pre-trial custody, where he was described as a “model” prisoner.

Additional conditions on his CSO include a curfew between 7 p.m. and 5 a.m. every day, completing 65 hours of community service.

He is also unable to possess any weapons, and must surrender any weapons he currently has, including firearms and ammunition, to the police during the remainder of his sentence.

Incident
On Jan. 1, 2024, around 7 a.m., police attended the DBL Disposal Service facility on Tenth St., where they found a 43-year-old man suffering from serious injuries.

Court heard how Benvin fired multiple shots at or in the direction of the victim, including a final shot in the back prior to the man being led out of the site at gunpoint by Benvin.

The last shot was apparently due to a comment the victim made about killing Benvin’s dogs, who were not there at the time.

Crown counsel Jordan Hauschildt said during sentencing, this was “not an impulsive act”, and the victim wasn’t a threat when he had his hands above his head and his back towards Benvin.

He said Benvin acted “totally reckless as to what was going to happen (to the victim).”

“He knew he was being hit, and he was reckless to the life and safety of [the victim] at that time. And again, the fact that Mr Benvin took no steps to determine what the impact of firing a wildfire control round at a human being would be, plays directly into the recklessness of that offence.”

Benvin told court he legally purchased the rubber bullets from a store, telling the employee about the issues he was having as a security guard.

Court heard from Benvin the employee told him rubber bullets would “be great for that purpose”.

Hauschildt said further aggravating factors included multiple rounds being fired as well as the duration of the incident, with around 20 minutes passing between Benvin first noticing the trespasser and the call to 911 by a passing motorist who saw the unarmed victim on the side of the road.

Benvin’s guilty pleas to the two charges were considered mitigating factors.

Multiple letters of support were submitted on Benvin’s behalf, including from the Centre Manager of the Nanaimo and District SPCA. Benvin is shown here participating in their Lock-in for Love campaign in 2019. (Submitted/Nanaimo SPCA)

Defence lawyer Richard Neary said Benvin clearly should have exercised “much, much more care and diligence” than he did when using rubber bullets.

“That point is squarely acknowledged and conceded, but in my respectful submission, there’s not a basis upon which this court should conclude, or even could conclude, that Mr. Benvin knew or ought to have even expected his actions would result in the type of injury that they did.”

Benvin told court he never knew the serious nature of the victim’s injuries at the time, or he would have called 911, citing the lack of visible blood and the victim remaining on their feet even after being shot multiple times.

Multiple letters of support from family, friends, coworkers and community members were submitted on Benvin’s behalf, describing him as a hard-working, loyal, and dedicated to helping others, describing him as possessing a “great deal of integrity” and staying true to his beliefs and values.

Benvin has been held in custody since Aug. 14, 2024, with reports from the prison describing his good behaviour and always being “polite and accommodating to staff”, with one report saying “all interactions (with Benvin) are positive and polite.”

He made a brief comment to court prior to Justice Thompson delivering his sentence, simply stating: “I’m sorry this happened. I wish it never did.”

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