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Criminal Law – Sentencing – Dangerous offender – Whether applicant’s limited written English language ability affected the accuracy and reliability of expert opinion’s tendered at dangerous offender hearing – Whether sentencing judge erred in relying on expert reports characterizing applicant’s denial of offence as proof that he was not treatable – Whether undue weight was placed on the opinion of one expert.

The applicant was convicted of offences arising from two unrelated sexual assaults. The Crown sought a dangerous offender designation. Defence counsel argued that the applicant should be designated a long term offender. Four experts offered opinion evidence. Two of the experts had assessed the applicant, in the English language, but their assessments were limited because the applicant has limited competency in English. His English reading and writing skills are not sufficient to administer some written tests that are only available in English. He was not assessed in French, Algerian Arabic or Berber, languages in which he is more competent. The applicant denied that he committed the offences and would not discuss them, until just before sentencing, when he told one of the experts that he "grabbed those girls" because he was angry with his employer. The applicant was declared a dangerous offender and sentenced to detention for an indefinite period. His appeal was dismissed.