Joel Lehman

The parties sought directions on whether a Dangerous Offender application should be remitted to the original sentencing judge or heard by a different judge.

The Court of Appeal directed that, consistent with the scheme of the Criminal Code making this part of the sentencing procedure, the application should be heard by the original sentencing judge if convenient.

The appellant was convicted of attempted murder after a second trial, the first having resulted in a hung jury on that count but a finding of guilt on the included offence of aggravated assault.

The appellant appealed the conviction, arguing autrefois convict and errors in the jury charge.

The Crown appealed the trial judge's dismissal of a dangerous offender application and the sentence imposed.

The Court of Appeal dismissed the appellant's appeals, holding that autrefois convict requires a final adjudication including a sentence.

The Court allowed the Crown's dangerous offender appeal, ordering a new hearing because the trial judge failed to properly assess the brutality threshold and the psychiatric evidence regarding the appellant's sexual sadism.

The Crown's sentence appeal was dismissed.