The appellant pleaded guilty to explosives and weapons offences arising from possession of an arsenal capable of causing mass destruction, against a background of significant mental illness and prior weapons-related conduct.
The appeal concerned whether a conditional sentence could lawfully be imposed where the offender would reside in a locked psychiatric treatment unit under psychiatric supervision.
The majority held that the dangerousness inquiry under s. 742.1 focuses on the risk posed while serving the sentence in the community, taking account of proposed conditions, and that the risk here was no greater than under penal incarceration.
The majority also held that s. 742.3 permits a conditional sentence requiring residence in a secure psychiatric facility as a genuine community-based alternative to incarceration.
The appeal was allowed and the trial judge’s sentence restored.
