Beverly MacLean

The Crown appealed a decision ordering a new sentencing hearing for an offender who was declared a dangerous offender and sentenced to an indeterminate prison term.

The sentencing judge had not considered the newly enacted long-term offender provisions because the predicate offence occurred prior to their enactment.

The Supreme Court of Canada dismissed the appeal, holding that a sentencing judge must consider the long-term offender provisions prior to declaring an offender dangerous.

Furthermore, under s. 11(i) of the Charter, the offender is entitled to the benefit of the lesser punishment, requiring the judge to consider the long-term offender provisions even for offences committed prior to the amendments.

The accused was convicted of sexual assault and declared a dangerous offender, receiving an indeterminate sentence.

The predicate offence occurred before the enactment of the long-term offender provisions.

The Supreme Court of Canada, applying its concurrent decision in R. v. Johnson, held that the sentencing judge was required to consider the long-term offender provisions before declaring the accused a dangerous offender.

The Crown's appeal was dismissed and a new sentencing hearing was ordered.

The accused was declared a dangerous offender and sentenced to an indeterminate prison term for a predicate offence committed prior to the enactment of the long-term offender provisions.

The sentencing judge held that the long-term offender provisions were not available.

The Supreme Court of Canada dismissed the Crown's appeal, applying its companion decision in R. v. Johnson, holding that the sentencing judge was required to consider the possibility of a long-term offender designation prior to declaring the accused a dangerous offender.

The Crown appealed a Court of Appeal decision that ordered a new sentencing hearing for an offender who had been declared a dangerous offender and sentenced to an indeterminate prison term.

The sentencing judge had not considered the new long-term offender provisions, which came into force after the predicate offence was committed.

The Supreme Court of Canada dismissed the appeal, holding that the sentencing judge was required to consider the possibility of a long-term offender designation prior to declaring the offender dangerous, even though the predicate offence was committed prior to the enactment of those provisions.

The Crown appealed a decision of the Court of Appeal that ordered a new sentencing hearing for the respondent.

The sentencing judge had declared the respondent a dangerous offender and imposed an indeterminate sentence without considering the newly enacted long-term offender provisions.

Applying the companion case of R. v. Johnson, the Supreme Court of Canada held that a sentencing judge must consider the possibility of a long-term offender designation prior to declaring an offender dangerous.

The appeal was dismissed and the order for a new sentencing hearing was confirmed.

The Crown appealed as of right from a decision of the British Columbia Court of Appeal, which had set aside the accused's conviction for sexually assaulting the complainant and entered an acquittal.

The Supreme Court of Canada dismissed the appeal, finding no reason to interfere with the majority judgment of the Court of Appeal.