D. Brodsky

The accused pleaded guilty to multiple offences, including sexual assault, physical assault, and break and enter, committed against his intimate partner over several years.

The court accepted a joint submission for a global sentence of seven years' imprisonment.

After applying credit for pre-sentence custody, the accused was sentenced to 33 months in the penitentiary, along with ancillary orders including a DNA order, a lifetime SOIRA order, a weapons prohibition, and a non-communication order.

On a dangerous offender application following conviction for sexual assault and breach of recognizance, the court found the offender's lengthy record of sexual violence, repeated denial of responsibility, failure on community supervision, failed sex offender treatment, and high actuarial and clinical risk assessments established the statutory dangerous offender criteria beyond a reasonable doubt.

The court further held there was no reasonable possibility of eventual control of the offender's risk in the community within the meaning of the long-term offender regime.

The offender's asserted willingness to take future treatment and anti-androgen medication was rejected as speculative given his entrenched denial, prior treatment non-engagement, antisocial personality disorder, paraphilias, and poor prognosis.

An indeterminate sentence was imposed, together with a concurrent sentence for breach, a lifetime weapons prohibition, and lifetime SOIRA compliance.