C.D.A. McKinnon

The Crown applied to have the offender declared a Dangerous Offender following his convictions for aggravated assault and assault with a weapon against five female strangers.

The offender had struck the women in the head with a hammer or hard object from behind.

The court found that the offender met the criteria for a Dangerous Offender designation under s. 753 of the Criminal Code.

However, relying on psychiatric evidence that the offender's risk could eventually be managed in the community, the court declined to impose an indeterminate sentence.

Instead, the court imposed a determinate sentence of 12 years' imprisonment, less enhanced pre-sentence custody credit, followed by a 10-year Long Term Supervision Order.

The Crown sought to introduce evidence in a pre-trial motion that the accused failed to report an altercation to the police, arguing it was relevant to rebut their anticipated claim of self-defence.

The accused argued that admitting such evidence would violate their common law and constitutional right to silence, which arises the moment events occur that could give rise to a criminal charge.

The court agreed with the accused, holding that the right to silence precedes any interaction with police and that the accused, being both suspects and victims, were entitled to remain silent.

The Crown's motion to lead the evidence was dismissed.

The Crown applied to have the offender declared a dangerous offender following convictions for sexual assault, forcible confinement, and uttering threats against an 11-year-old child, as well as subsequent sexual offences against other young children.

The court reviewed extensive psychiatric evidence indicating the offender is an intractable pedophile with a high risk of reoffending and a history of deceit and substance abuse.

Finding no reasonable possibility of eventual control of the risk in the community, the court declared the offender a dangerous offender and imposed an indeterminate penitentiary sentence.