Law360 Canada ( July 22, 2024, 1:10 PM EDT) -- Appeal by Crown from sentence imposed on Jenik, who was previously designated dangerous offender but received a determinate five-and-a-half-year sentence plus a 10-year long-term supervision order after new sexual assault conviction. Jenik had an extensive history of sexual offences dating back to 1987 despite treatment, supervision and increasingly severe sentences. In 2015, he was declared a dangerous offender but was given a determinate sentence based on an expectation that further treatment could protect the public. However, he sexually assaulted another victim in 2020 while under supervision. The Crown argued that the judge stated the correct “reasonable expectation” test under s. 753.01(5) of the Criminal Code (Code), that a determinate sentence would adequately protect the public, but effectively applied a lower “reasonable possibility” standard. The Crown submitted that an indeterminate sentence should have been imposed given Jenik’s high risk of reoffending....