COURT FILE AND PARTIES
COURT FILE NO.: CR-08-PR000114-00
DATE: 20120914
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN Applicant – and – DENNIS BERNIE LEWIS Respondent
C. Faria, for the Applicant
A. Goldkind, for the Respondent
HEARD: March 26, 27, 28, 2012, June 11, 14, 2012, July 23, 24, 2012
CROLL J.
REASONS FOR JUDGMENT
[ 1 ] Dennis Lewis was found guilty of sexual assault and forcible confinement of H E-W on March 20, 2009. Those offences occurred on July 26, 2006.
[ 2 ] The Crown has applied for a declaration that Mr. Lewis is a dangerous offender pursuant to s. 753(1) (a) or (b) of the Criminal Code , R.S.C. 1985, c. C-46, and for the imposition of a sentence in a penitentiary for an indeterminate term.
Procedural Overview
[ 3 ] On June 9, 2010, the Crown filed a notice of application for a remand for an assessment order pursuant to s. 752.1(1) of the Criminal Code , requesting that Mr. Lewis be remanded to the custody of Dr. Lisa Ramshaw for the purpose of a psychiatric assessment. The defence did not contest the application. Dr. Ramshaw conducted her assessment in November 2010, the assessment order was extended on January 5, 2011, and Dr. Ramshaw completed her report on January 31, 2011.
[ 4 ] Pursuant to s. 754 of the Criminal Code , the Attorney General consented to the bringing of an application to have Mr. Lewis declared a dangerous offender on March 11, 2011. The hearing took place on March 26, 27, 28, 2012 and June 11 and 14, 2012. Final submissions were heard July 23 and 24, 2012. Judgment on the application was reserved until today.
The Applicable Criminal Code Provisions
[ 5 ] The relevant provisions of s. 753(1) of the Criminal Code provide as follows:
(1) On application made under this Part after an assessment report is filed under subsection 752.1(2), the court shall find the offender to be a dangerous offender if it is satisfied
( a ) that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph ( a ) of the definition of that expression in section 752 and the offender constitutes a threat to the life, safety or physical or mental well-being of other persons on the basis of evidence establishing
( i ) a pattern of repetitive behaviour by the offender, of which the offence for which he or she has been convicted forms a part, showing a failure to restrain his or her behaviour and a likelihood of causing death or injury to other persons, or inflicting severe psychological damage on other persons, through failure in the future to restrain his or her behaviour,
( ii ) a pattern of persistent aggressive behaviour by the offender, of which the offence for which he or she has been convicted forms a part, showing a substantial degree of indifference on the part of the offender respecting the reasonably foreseeable consequences to other persons of his or her behaviour, or
( b ) that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph ( b ) of the definition of that expression in section 752 and the offender, by his or her conduct in any sexual matter including that involved in the commission of the offence for which he or she has been convicted, has shown a failure to control his or her sexual impulses and a likelihood of causing injury, pain or other evil to other persons through failure in the future to control his or her sexual impulses.
[ 6 ] The defence concedes that the sexual assault of H E-W is a “serious personal injury offence” as defined in s. 752 of the Criminal Code . There is also no issue that Mr. Lewis “constitutes a threat to the life, safety or physical or mental well-being of other persons” due to a pattern of repetitive behaviour, as described in s. 753(1) (a)(i); or a pattern of aggressive behaviour, showing a substantial degree of indifference on the part of Mr. Lewis respecting the foreseeable consequences to others, as described in s. 753(1) (a)(ii). Finally, the defence concedes that there is a likelihood that Mr. Lewis will cause injury, pain or evil to others through a failure to control sexual impulses, as described in s. 753(1) (b).
[ 7 ] The real issue is whether I should exercise my discretion to decline to make the dangerous offender designation and instead, declare Mr. Lewis a long-term offender: see Criminal Code , s. 753.1(1). The defence submits that the long-term offender declaration is apposite, as there is a reasonable possibility of eventual control of Mr. Lewis’ risk of reoffending in the community, and that a fixed term of imprisonment followed by a period of long-term supervision in the community is appropriate. In particular, the defence proposes, with some flexibility, that Mr. Lewis be sentenced to a ten year penitentiary term, followed by a ten year long-term supervision order (“LTSO”).
[ 8 ] Extensive material was filed on this hearing. This material consists of the following: court documents detailing Mr. Lewis’ criminal history from 1985 to 2006, which include pre-sentence reports and victim impact statements; psychiatric and psychological treatment records from 1982 to 2009; and provincial and federal corrections records from 1986 to 2005. I am grateful to the Crown Attorney for her detailed summaries and meticulous organization of this voluminous documentation.
[ 9 ] I have considered this material, the summaries prepared by the Crown, the psychiatric assessment prepared by Dr. Lisa Ramshaw, as well as the viva voce testimony of Dr. Ramshaw, the only witness to be called at the hearing. Dr. Ramshaw is a forensic psychiatrist at the Centre for Addiction and Mental Health (“CAMH”) in Toronto. Notwithstanding the admissions of the defence, given the very serious nature of the declaration sought by the Crown, I have summarized Mr. Lewis’ relevant background, as it is this background which informs the designation to be made. Stated differently, Mr. Lewis’ background, criminal history, and treatment must be examined in order to answer the question succinctly put by defence counsel, “what do we do with him now”?
... (continues verbatim in the same structure and wording as the source)
CROLL J.
Released: September 14, 2012
COURT FILE NO.: CR-08-PR000114-00
DATE: 20120914
ONTARIO SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN Applicant – and – DENNIS BERNIE LEWIS Respondent
REASONS FOR JUDGMENT CROLL J.
Released: September 14, 2012