The man who stabbed a Kelowna cop in the face in 2022 has been lost his appeal of his sentence.
Richard McCrae was convicted of aggravated assault of a police officer and on Nov. 28, 2025 sentenced to six years imprisonment plus three years on probation.
McCrae appealed his sentence, arguing he should have received time served, which equated to four-and-a-half years, followed by two years probation.
The sentence handed down effectively resulted in almost a year and one half more in custody.
The appeal claimed the judge failed to adopt a compassionate approach and should have put more consideration toward the McCrae’s mental health condition and that the judge looked toward the higher end of sentencing “on an incorrect proportionality assessment.”
The decision by the B.C. Court of Appeal reviewed the sentencing judge’s reasons for their decision, noting that the judge had made specific considerations to avoid releasing McCrae without adequate supports as that would harm both the public and McCrae himself.
On March 26, 2022, Cst. Jason Tymofichuk attended to Ellis Place in Kelowna, where McCrae was living at the time, to assist staff in removing a woman who had set up a tent to camp on the property without permission. McCrae witnessed the staff ask the woman to leave and yelled at the staff member.
The officer arrived and spoke to McCrae about the woman who McCrae said was no longer in the tent. When Tymofichuk stepped toward the tent, McCrae kicked him in the stomach and struck his face, knocking the officer to the ground.
McCrae then stabbed Tymofichuk near the eye. The officer tried to block the knife while drawing his gun. One shot was fired. A third person distracted McCrae, allowing for the officer to get back on his feet before the appellant used the knife to slash his own throat.
Since the incident, Tymofichuk required two eye surgeries and has recovered full vision, but sustained permanent nerve damage and lasting psychological issues.
During his trial, McCrae’s defence team argued he was not criminally responsible on account of a mental disorder. The trial judge determined after hearing from several witnesses called by both Crown and defence that while McCrae was suffering from a mental disorder there was nothing to establish that McCrae was incapable of appreciating the nature and quality of his actions or that they were wrong.
Justice Iyer determined on June 2 that based on all the evidence before them, and based on the sentencing judge’s reasons, McCrae had not established the sentence was unfit for the crime or that the judge had erred in principal, ultimately dismissing the appeal.
Justice Iyer’s decision was agreed to by Justice Harris and Justice Dickson.