Dangerous offender sentencing following guilty pleas to choking to commit sexual assault and sexual assault causing bodily harm arising from a prolonged stranger attack.
The court held that the Crown proved all three relied-upon designation gateways under ss. 753(1)(a)(i), 753(1)(a)(ii), and 753(1)(b) of the Criminal Code, based on a lengthy history of sexual offending, enduring paraphilic disorders, antisocial traits, failed treatment, and repeated supervision breaches.
Applying the framework in Boutilier and the least-restrictive inquiry at the penalty stage, the court found no reasonable expectation that a determinate sentence followed by a 10-year LTSO would adequately protect the public.
The offender was designated a dangerous offender and sentenced to indeterminate detention.