Duncan R. Beveridge

The appellant pleaded guilty to several offences including breaking and entering and using a weapon in a sexual assault.

Following the guilty pleas, the Crown applied to have the appellant declared a dangerous offender under Part XXI of the Criminal Code.

The trial judge found the appellant to be a dangerous offender and imposed an indeterminate sentence.

The appellant appealed, arguing that the dangerous offender provisions violated sections 7, 9, 11, and 12 of the Charter.

The Supreme Court of Canada dismissed the appeal, holding that the provisions do not violate the principles of fundamental justice, do not constitute arbitrary detention or cruel and unusual punishment, and that the offender is not entitled to a jury determination of dangerousness.

The appellant police officer and a fellow officer were involved in an altercation with a pedestrian who subsequently died from his injuries.

The fellow officer was convicted of manslaughter, while the appellant was acquitted.

The Court of Appeal ordered a new trial for the appellant, finding the trial judge misdirected the jury on the justified use of force and the mental element for aiding and abetting manslaughter.

The Supreme Court of Canada allowed the appeal and restored the acquittal, holding that the trial judge's instructions were adequate given the appellant's distinct position regarding the power of arrest and that the jury was properly instructed on the required mental element.