Paula Rochman

On a dangerous offender application arising from a guilty plea to assault with a weapon, the court found the predicate offence formed part of a persistent pattern of random, aggressive violence against strangers driven by untreated schizophrenia, substance use, homelessness, and antisocial traits.

The Crown proved beyond a reasonable doubt that the respondent posed a high risk of future violent recidivism and satisfied the future-threat branch of s. 753(1)(a)(ii).

However, the Crown failed to prove intractability beyond a reasonable doubt because the evidence showed known and mutable risk factors, demonstrated periods of stability under coercive treatment and structured support, and identified realistic, responsivity-informed federal treatment options.

The dangerous offender application was therefore dismissed, but the court designated the respondent a long-term offender under s. 753(5) and indicated that a penitentiary sentence followed by a 10-year long-term supervision order would be imposed.

The accused was charged with attempted robbery, forcible confinement, assault, and weapons offences after a dispute over escort services.

The accused paid $300 for services but, feeling he was deceived by a 'bait and switch', demanded his money back while waving an imitation firearm (a BB gun).

The court found the evidence of the principal witnesses unreliable and acquitted the accused of attempted robbery and forcible confinement.

However, the court found the accused guilty of the lesser included offence of constructive assault with an imitation firearm, as well as failing to comply with a bail condition prohibiting weapons possession.