The defendant was convicted of sexual assault, forcible confinement, and threatening death following a brutal attack on a stranger on October 13, 2013.
At the time of the offence, he was bound by three probation orders.
The Crown applied for a dangerous offender designation under Part XXIV of the Criminal Code.
The defendant challenged the constitutionality of the dangerous offender regime, arguing violations of sections 7 and 12 of the Charter.
The court dismissed the constitutional challenges, relying on the British Columbia Court of Appeal decision in R v Boutilier.
The defendant met the statutory criteria for dangerous offender designation.
The court found that while treatment options existed, there was no reasonable expectation that a fixed sentence with long-term supervision would adequately protect the public, given the defendant's severe polysubstance use disorder, antisocial personality disorder, and extensive history of non-compliance with court orders.
An indeterminate sentence was imposed.
