The accused was convicted of three counts of sexual assault and declared a dangerous offender, receiving an indeterminate sentence.
The Court of Appeal overturned the designation, finding the trial judge failed to consider the gravity of the predicate offences in isolation.
The Supreme Court of Canada allowed the Crown's appeal, holding that under s. 753(b) of the Criminal Code, a trial judge need not focus on the objective seriousness of a predicate offence to justify a dangerous offender designation, provided the offender's past conduct demonstrates a present likelihood of inflicting future harm.
The trial judge's findings were reasonable and supported by psychiatric evidence.
