The Crown appealed the sentence imposed on the respondent after the trial judge terminated a dangerous offender application and sentenced him to a conventional term.
The trial judge had excluded a psychiatric assessment report based on perceived power imbalances, lack of independence, and late disclosure of materials.
The Court of Appeal found the trial judge erred in excluding the report, as there was no evidence of collaboration between the Crown and the assessing psychiatrist, and the respondent suffered no prejudice from the late disclosure.
Given the complete record and the respondent's high risk of violent reoffending, the Court of Appeal declared the respondent a dangerous offender and imposed an indeterminate sentence.
