Summary

38542

Nathan Harvey Allman Wolfleg v. Her Majesty the Queen

(Alberta) (Criminal) (By Leave)

(Publication ban in case)

Keywords

Criminal law - Sentencing, Considerations - Criminal law — Sentencing — Considerations — Application by the Crown for a dangerous offender designation — Consideration and application of Gladue principles — Whether the Court of Appeal erred in upholding the sentencing judge’s decision to designate the applicant a dangerous offender — How are s. 718.2(e) of the Criminal Code, along with Gladue principles to be substantively applied by appellate courts in dangerous offender proceedings? — What is the effect of this Court’s declaration in Ewert v. Canada on dangerous offender proceedings involving Aboriginal offenders?

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Summary

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Mr. Wolfleg was convicted of two counts of assault causing bodily harm, one count of uttering a threat, and one count of sexual assault. Mr. Wolfleg has a criminal record involving numerous prior violent incidents involving his intimate partners. The sentencing judge found that Mr. Wolfleg is a prototypical psychopath with no realistic prospect of undergoing meaningful change through treatment. Mr. Wolfleg was declared a dangerous offender and was sentenced to an indeterminate term of imprisonment. The Court of Appeal granted Mr. Wolfleg’s application to admit the Gladue report, granted leave to appeal, and dismissed the sentence appeal.