Court of Appeal for Ontario

Date: 2025-06-17
Docket: COA-23-CR-1123
Coram: Trotter, Thorburn and Copeland JJ.A.

Between

His Majesty the King
Respondent

and

Baba Ouedraogo
Appellant

John Fennel, for the appellant
Lilly Gates, for the respondent

Heard and released orally: June 16, 2025

On appeal from the sentence imposed on March 23, 2023 by Justice Russell S. Silverstein of the Ontario Court of Justice, with reasons reported at 2023 ONCJ 136.

Reasons for Decision

[1] The appellant appeals the sentencing judge’s imposition of a long-term supervision order in relation to a horrific sexual assault on a stranger. Months later, the appellant committed an equally serious sexual assault on a fifteen-year-old girl who was also a stranger to him.

[2] The appellant submits that the sentencing judge erred in relying on what he calls a “misleading heuristic” in evaluating the appellant’s risk. Moreover, he submits that the evidence of the appellant’s actuarial risk did not justify the finding that the appellant posed a substantial risk of reoffending.

[3] In our view, based on all of the evidence before the sentencing judge, including Dr. Rootenberg’s overall assessment (which included, but was not limited to, actuarial considerations), the long-term offender designation was amply justified.

[4] The appeal is dismissed.

“Gary Trotter J.A.”
“Thorburn J.A.”
“J. Copeland J.A.”

Publication Ban

[1] This appeal is subject to a publication ban pursuant to s. 486.4 of the Criminal Code, RSC 1985, c C-46.