The Crown appealed a sentencing decision that designated the respondent as a long-term offender rather than a dangerous offender.
The respondent had a serious criminal record for sexually-motivated offences and was diagnosed with Fetal Alcohol Spectrum Disorder (FASD).
The sentencing judge accepted defence expert evidence that the respondent's FASD symptoms could be treated, allowing him to participate in sex offender programs and reducing his risk of re-offending to an acceptable level in the community.
The Court of Appeal dismissed the Crown's appeal, finding no error in the sentencing judge's preference for the defence expert's evidence or her exercise of discretion.
