Frederick Junior Knife v. Her Majesty the Queen

(Saskatchewan) (Criminal) (By Leave)




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Charter of Rights and Freedoms – Fundamental justice – Criminal Law – Sentencing – Dangerous offender – Whether there is a qualitative difference in the way a sentencing court looks at future risk of harm when analyzing an offender’s past behaviour in conjunction with subsections 753(1)(a)(i), (ii), or (iii) of the Criminal Code – Whether s. 753 of Criminal Code is constitutional.

Mr. Knife was serving a sentence for manslaughter. He also had prior youth offences. In a gang-related prison fight, he and several co-assailants attacked and repeatedly stabbed an inmate. Also, Mr. Knife and another co-assailant repeatedly stabbed and threw a television set at another inmate who had attempted to intervene. Mr. Knife claimed that the attack was a pre-emptive strike undertaken for safety. Mr. Knife was convicted of aggravated assault and common assault. At sentencing, the Crown applied for a dangerous offender designation. The sentencing judge declared Mr. Knife a long term offender. The Court of Appeal in part allowed an appeal by the Crown and declared Mr. Knife a dangerous offender.

Lower Court Rulings

April 22, 2013
Court of Queen’s Bench of Saskatchewan

C.R. No. 3/2010, 2013 SKQB 197
Accused designated a long-term offender, Sentenced to eight years for aggravated assault and 6 months concurrent for common assault; 10 years long term supervision
July 8, 2015
Court of Appeal for Saskatchewan

CACR2316, 2015 SKCA 82
Appeal from sentence by Crown allowed and accused declared a dangerous offender, Appeal from sentence by accused dismissed, Substantive sentence not altered