Dr. Penney

The appellant appealed his convictions for firearms offences and breaches of weapons prohibition orders, his designation as a dangerous offender, and his sentence.

The Court of Appeal dismissed the conviction appeal, finding the jury charge was within the trial judge's discretion.

The sentence appeal was also dismissed, as the court found no error in the application of the totality principle.

However, the dangerous offender designation was set aside due to a legal error: the trial judge failed to consider the appellant's future treatment prospects and intractability at the designation stage, as required by the Criminal Code and clarified by R. v. Boutilier.

The court substituted the dangerous offender designation with a long-term offender designation, while leaving the determinate sentence and long-term supervision order intact.

The Crown sought to designate Krista Walker as a dangerous offender following her guilty plea to aggravated assault, carrying a concealed weapon, and failing to comply with probation.

The predicate offence involved stabbing the victim in the chest with a paring knife, causing serious injury.

The court heard extensive evidence regarding Walker's history of violence, psychiatric assessments, institutional records, and community supervision failures spanning decades.

Walker demonstrated a pattern of repetitive violent behaviour with weapons, persistent aggressive conduct, complete indifference to victims' suffering, and consistent refusal to engage in treatment.

The court designated Walker as a dangerous offender and imposed an indeterminate sentence.