2 total
Chronic transit sex offender designated dangerous but receives determinate sentence and 10-year supervision order.
The Crown brought a dangerous offender application following the offender's convictions for sexual assault and assault committed against young women on public transit.
The offender had a lengthy record spanning decades for similar offences.
The court designated the offender as a dangerous offender, finding that his chronic toucherism and intractability established a likelihood of future harm.
The court concluded an indeterminate sentence was not required and imposed a determinate sentence approximating time served plus 60 days, followed by a 10-year long-term supervision order.
State ordered to fund defence psychiatric expert at enhanced rate to prevent trial delay and unfairness.
The accused, having been convicted of sexual assault, was subject to a Crown application for a dangerous offender assessment.
The defence sought to retain a forensic psychiatrist to conduct a separate assessment, but the expert refused to work at the standard Legal Aid rate of $200 per hour, requiring $400 per hour.
The defence brought a Fisher/Peterman application for state funding at the enhanced rate.
The court granted the application, finding that requiring the accused to exhaust Legal Aid appeals or find another expert would cause undue delay and compromise his right to a fair trial, particularly given his lengthy pre-sentence custody and the disparity between Legal Aid rates and Crown expert rates.
