2 total
Dangerous offender designation warranted concurrent indeterminate sentences.
Following convictions for aggravated sexual assault, assault with weapons, assault causing bodily harm, sexual assault with a weapon, and forcible confinement, the Crown sought a dangerous offender designation and an indeterminate sentence.
The court found a long-standing pattern of repetitive and persistent aggressive violence, substantial indifference to the reasonably foreseeable consequences of that violence, and brutality in the predicate offence, all driven in significant part by chronic crack cocaine addiction and repeated treatment failure.
Although the Crown did not establish beyond a reasonable doubt that future harm would arise through failure to control sexual impulses under s. 753(1)(b), the court held the offender met the dangerous offender criteria under ss. 753(1)(a)(i), (ii) and (iii).
Applying the lesser-measure analysis, the court found no reasonable expectation that a determinate sentence or long-term supervision order would adequately protect the public, and imposed concurrent indeterminate sentences.
Offender sentenced to 22 months for cocaine trafficking, reduced to 10 months after pre-sentence and Downes credits.
The offender, a 57-year-old man, was convicted of three counts of trafficking cocaine and one count of simple possession after selling small quantities to undercover officers from his pizza shop.
The Crown sought a 22-month global sentence, while the defence sought 9 to 12 months.
The court imposed a 22-month global sentence, emphasizing denunciation and deterrence.
The court also granted enhanced credit for pre-sentence custody and an additional 126 days of credit under Downes for the 687 days the offender spent on strict bail conditions wearing an ankle monitor, resulting in a net sentence of 10 months.
