CITATION: R. v. Hurrell, 2010 ONCA 72

DATE: 20100127

DOCKET: C50373

COURT OF APPEAL FOR ONTARIO

Sharpe, Simmons and Epstein JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

And

David Hurrell a.k.a. Douglas William Pollock a.k.a. David Pollock

Appellant

Joseph Di Luca, Amicus Curiae David Hurrell, in person Alexandra Campbell, for the respondent Julie Zamprogna Balles, for the Regional Mental Health Centre (St. Thomas)

Heard and endorsed orally: January 25, 2010

On appeal from the disposition of the Ontario Review Board dated March 25, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals from a disposition of the Ontario Review Board ordering that he be detained at the minimum secure unit at Regional Mental Health Care St. Thomas, St Joseph's Health Care London. The appellant submits that the disposition is too restrictive and has not been changed in three years. He asks for an unconditional discharge.

[2] We do not accept this submission. The index offences, which occurred in 2005, are assault, attempted sexual assault and unlawfully being in a dwelling house. Acting at least in part on command hallucinations, the appellant followed the complainant at a distance to her apartment, and started pushing her into the apartment as she unlocked her door.

[3] The appellant has a current diagnosis of schizoaffective disorder and pedohebephilia together with a history of alcohol abuse. Although he is currently medication compliant and cooperative, he remains symptomatic, being actively delusional and preoccupied with his thoughts. His illnesses carry with them a risk of disinhibited and aggressive behaviour, driven by delusional thinking.

[4] In the circumstances, the disposition of the Board was entirely reasonable. Further, it was not tainted by any legal error.

[5] The appeal is therefore is dismissed.