Crown prosecutors are seeking three years in prison for a Vancouver man who randomly assaulted a tourist in the downtown core last year, while defence counsel is suggesting a sentence of six to 12 months in jail followed by three years of probation.
Massimo Falvo, 31, was initially charged with aggravated assault in the Oct. 13, 2024, incident. In July, he pleaded guilty to the lesser offence of assault causing bodily harm.
At a sentencing hearing in BC Provincial Court on Wednesday, the court heard the victim, a 35-year-old woman from the Philippines, was visiting her sister in Vancouver when she was attacked by a stranger.
Crown counsel said Falvo was captured on security video walking at full speed and almost marching in front of Waterfront Station, before he punched the victim in the face, kicked her and stomped on her.
At the end of the 23-second assault, Falvo, according to Crown, threw his phone at the victim.
Referencing a victim impact statement, Crown told the court the woman received seven stitches, bruising on the right side of her eye, and a scar that reminds her of what happened.
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“It’s quite surprising the injuries were not more serious,” prosecutor Christina Godlewska told the court.
Godlewska said this was Falvo’s fifth stranger assault in a two-year period, noting he was out of the country for almost all of one of those years – from Dec. 2022 to Sept. 2023.
On May 28, 2024, Falvo was convicted of assaulting four different people, including a 95-year-old man and a 16-year-old girl on June 23, 2022, and two more strangers on Oct. 14 and Nov. 3, 2023.
All of the victims were punched in the face. With credit for time already spent in custody, Falvo was sentenced to one day in jail and three years probation.
Video posted to social media showed Falvo bragging about the ‘light’ sentence he received.
“This guy, me, I got away with four assaults, four separate assaults and I didn’t get jail time -possibility of no record too,” Falvo said in an Instagram video.
Court heard Falvo suffers from mental illness and substance use disorders and even when properly medicated and in jail, Crown said there are still issues with how his brain works and he poses a real and serious risk to the public.
“Mr. Falvo’s prospects for rehabilitation are pretty slim,” Godlewska told the court. “The public needs a break from Mr. Falvo.”
Defence counsel argued Falvo has good prospects for rehabilitation and has had a good response to treatment with anti-psychotic medications.
Leo Fumano told the court his client did fairly well living in the community at a recovery house from February to August, and did not commit any new crimes.
Defence also noted Falvo entered an early guilty plea and has taken responsibility for the assault, which occurred while he was using crystal methamphetamine and suffering from a mental health episode.
“It’s clear he’s unwell,” said Fumano. His client, he said, ultimately wants to return to Alberta, where his parents reside.
Defence claimed a federal sentence would be unduly harsh as Falvo has already spent the equivalent of 11 months in jail.
The sentencing hearing resumes Nov. 27 and Judge Deanne Gaffar is expected to deliver her decision on Dec. 12.
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