The appellant appealed his convictions for break and enter with intent to commit murder, uttering threats, and criminal harassment, as well as his dangerous offender designation and indeterminate sentence.
He argued the sentencing judge erred in dismissing his application to withdraw his guilty pleas and in failing to consider the long-term offender provisions.
The Court of Appeal dismissed the appeal, finding the guilty pleas were valid and informed.
While the sentencing judge erred by not considering the long-term offender provisions, the Court applied the curative proviso, concluding there was no reasonable possibility of a different sentence given the uncontradicted psychiatric evidence of the appellant's untreatable psychopathy and sexual sadism.
