Dangerous offender application following guilty pleas to manslaughter, assault causing bodily harm, and attempted robbery arising from an unprovoked fatal stabbing, a second random stabbing, and an attempted carjacking.
The court found the predicate offences formed part of both a pattern of repetitive violent behaviour and a pattern of persistent aggressive behaviour, established through a lengthy record of unprovoked assaults, robberies, weapon use, breaches, and continuing in-custody assaults.
The court preferred the Crown psychiatrist's assessment that the offender posed a high risk of violent recidivism and gave significantly less weight to the defence psychiatrist's opinion that untreated PTSD and traumatic brain injury made the risk manageable through a determinate sentence and long-term supervision.
After considering Gladue factors, treatment history, cognitive functioning, and available Indigenous programming, the court held that anything less than an indeterminate sentence would be speculative and inadequate to protect the public.
