Case information

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(PUBLICATION BAN IN CASE)

Criminal law – Dangerous offender – Applicant designated a dangerous offender – Court of Appeal dismissing appeal from designation despite errors committed by trial judge with respect to evidence that could be relied upon – Whether Court of Appeal erred in dismissing applicant’s appeal?

In 2007, the applicant was charged with, and convicted of, sexual assault after having cupped the breast of a female ambulance attendant while alighting from an ambulance following his transport to hospital due to a suspected drug overdose. At the time, the applicant was on probation following the completion of a custodial sentence imposed for two similar sexual assaults on law enforcement personnel in December 2005. His criminal record – which began when he was a minor – included convictions for roughly 100 offences. Among other those convictions were convictions for sexual assaults, assaults, indecent acts, and numerous failures to comply with probation orders or recognizances or undertakings.

Following the applicant’s conviction, the Crown applied under s. 753 of the Criminal Code to have him designated a dangerous offender and, if designated, the Crown sought a sentence of an indeterminate period of detention in a federal penitentiary.