DANGEROUS AND LONG-TERM OFFENDERS - Protection of the public

Law360 Canada ( January 15, 2020, 9:01 AM EST) -- Appeal by the accused from a dangerous offender designation and an indeterminate sentence. The appellant, 61, had a record of 56 criminal convictions since he was first prosecuted as an adult in 1973. He was sentenced to periods of imprisonment totalling about 30 years. Six of the appellant’s convictions were for sexual offences against female children ranging in age from 7 to 10 years old. The predicate offence for the dangerous offender sentence was the aggravated sexual assault in 2001 of an adult. The appellant completed a provincial group sex-offender program in 1999. His risk was still considered moderate to high, particularly if he went back to drinking alcohol. He had a difficult upbringing, was socialized into criminal conduct, was of below-average intelligence and had at best an elementary school level of education. A psychiatrist opined that the appellant represented a high risk to reoffend, both for sexual violence and violence generally. The psychiatrist saw the appellant as a poor treatment candidate for whom future community supervision would be hazardous. The appellant was an Aboriginal. He experienced poverty, crime, alcohol and even sexual abuse from his uncle. In the court’s opinion, no workable treatment plan to reduce his risk had emerged on the evidence. The appellant argued the judge erred in imposing an indeterminate sentence....
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