Dr. Paul Federoff

The Aboriginal defendant pleaded guilty to sexually assaulting his step-daughter over a period of time, resulting in her pregnancy at age 13.

Following a Gardiner hearing, the court found the defendant committed multiple assaults and breached a fundamental position of trust.

The court conducted a Gladue analysis but found no connection between the defendant's Aboriginal background and the commission of the offences.

Given the serious aggravating factors, including the profound impact on the victim, the court sentenced the defendant to 8 years in penitentiary, less 2 years of pre-trial credit.

The Crown applied to have the offender declared a dangerous offender following his conviction for kidnapping and sexually assaulting a third victim while threatening to use a knife.

The court reviewed the offender's extensive history of violence, non-compliance with court orders, and diagnoses of sexual sadism and antisocial personality disorder.

Despite the offender's recent use of anti-androgen medication (chemical castration), the court found no reasonable possibility of eventually controlling his risk in the community, given his history of deceit and the need for lifelong treatment.

The offender was designated a dangerous offender and sentenced to an indeterminate term in penitentiary.

The appellant pleaded guilty to criminal harassment and uttering threats.

Years later, he appealed his convictions, seeking to introduce fresh psychiatric evidence to establish he was not criminally responsible on account of mental disorder (NCR-MD) at the time of the offences.

The Court of Appeal dismissed the appeal, finding the fresh evidence did not meet the fourth criterion of the Palmer test.

The court concluded that the appellant's own writings demonstrated he knew his conduct was morally and legally wrong, meaning the fresh evidence could not reasonably be expected to have affected the result.