The Crown brought an application to have the offender declared a dangerous offender and sentenced to an indeterminate period of custody following convictions for sexual assault with a weapon, robbery, and forcible confinement.
The offender had a lengthy criminal record and substantial mental health issues, including schizophrenia and substance abuse, which contributed to his offending when unmedicated.
The court found that while the predicate offences were serious personal injury offences and the offender showed a pattern of repetitive and aggressive behaviour, the Crown failed to establish that his behaviour was intractable or that he posed a tremendous future risk, given his remarkable improvement when properly medicated in a forensic psychiatric facility.
The dangerous offender application was dismissed.
Instead, the court designated the offender as a long-term offender, finding a reasonable possibility of eventual control of his risk in the community.
The offender was sentenced to a further 90 days in custody to allow for the formulation of a correctional release plan, followed by a 10-year long-term supervision order.
