The appellant was convicted of breaking into and assaulting a 68-year-old woman and breaking into and raping a 54-year-old woman.
He was declared a dangerous offender and sentenced to an indeterminate term.
On appeal, the appellant challenged the admission of DNA evidence obtained through a saliva sample, arguing his Charter rights were violated.
He also challenged the trial judge's failure to preserve evidence and appealed his indeterminate sentence.
The Court of Appeal dismissed all grounds of appeal, finding no Charter violations in the DNA seizure, that the trial judge properly exercised her discretion regarding the destroyed evidence, and that the indeterminate sentence was appropriate given the appellant's high risk of reoffending and consistent refusal to engage in treatment.
