The Crown applied to have the offender declared a dangerous offender under s. 753 of the Criminal Code following convictions for aggravated assault, assault causing bodily harm, assault with a weapon, threatening death, obstruction of justice, weapons offences, and multiple breaches of probation.
The court reviewed the offender’s history of violent assaults and expert psychiatric and psychological evidence assessing the risk of violent recidivism.
Although the offender demonstrated anti‑social personality traits and a moderate risk of violent reoffending, the court found the offences did not establish the level of intractable pattern of behaviour required for a dangerous offender designation.
Applying conventional sentencing principles including denunciation, deterrence, rehabilitation, and the totality principle, the court imposed a determinate penitentiary sentence.
Credit for pre‑sentence custody was reduced from the usual 2:1 given the offender’s risk profile and incarceration history.
