WARNING
The court hearing this matter directs that the following notice should be attached to the file:
A non-publication and non-broadcast order in this proceeding has been issued under subsection 486.4 of the Criminal Code:
(1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the complainant or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of
(a) any of the following offences:
(i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 172, 172.1, 173, 210, 211, 212, 213, 271, 272, 273, 279.01, 279.02, 279.03, 346 or 347,
(ii) an offence under section 144 (rape), 145 (attempt to commit rape), 149 (indecent assault on female), 156 (indecent assault on male) or 245 (common assault) or subsection 246(1) (assault with intent) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983, or
(iii) an offence under subsection 146(1) (sexual intercourse with a female under 14) or (2) (sexual intercourse with a female between 14 and 16) or section 151 (seduction of a female between 16 and 18), 153 (sexual intercourse with step-daughter), 155 (buggery or bestiality), 157 (gross indecency), 166 (parent or guardian procuring defilement) or 167 (householder permitting defilement) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988; or
(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in any of subparagraphs (a)(i) to (iii).
486.6 (1) Every person who fails to comply with an order made under subsection 486.4(1), (2) or (3) or 486.5(1) or (2) is guilty of an offence punishable on summary conviction.
BARRIE COURT FILE NO.: CR-10-0052
DATE: 20130222
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN
Applicant
– and –
CHRISTOPHER DAVID McDONALD
Respondent
R. Williams, for the Applicant Crown
A. McLeod, for the Respondent
HEARD: February 5 and 6, 2013
DANGEROUS OFFENDER APPLICATION
REASONS FOR DECISION
DiTOMASO J.
OVERVIEW
[1] On August 16, 2011, Christopher David McDonald pleaded guilty to aggravated assault. The Crown sought a court-ordered assessment pursuant to section 752.1 of the Criminal Code of Canada R.S.C. 1985, c.C-46. Following a return of the Assessment Report, the Crown obtained the consent of the Attorney General for Ontario dated February 24, 2012 to have Mr. McDonald declared a Dangerous Offender.
[2] The Dangerous Offender hearing took place before me on February 5 and 6, 2013. At the commencement of the hearing, the Crown advised that separate and unrelated to the predicate offence of aggravated assault, Mr. McDonald was arrested and charged on April 10, 2010 with first degree murder regarding an incident which occurred in Guelph, Ontario during 2008. He was convicted of that offence on May 23, 2012. His conviction is currently under appeal.
[3] Given the conviction under appeal, both Crown and defence counsel agreed that this Dangerous Offender Application ought to proceed without any consideration of the Guelph incident. They also agreed that Dr. Mark Pearce, Assessing Psychiatrist, should also disregard anything referable to that incident and I find he specifically did so as evidenced by his Report and testimony.
[4] Having considered their submissions, I agree with counsel that this Application should proceed without reference to or consideration of the Guelph incident which is both unrelated and under appeal.
[5] Further, the Crown originally sought to have Mr. McDonald declared a Dangerous Offender and sentenced to an indeterminate period of detention. The Crown’s position changed upon consideration of the Report of Dr. Pearce. The Crown and defence counsel have presented a joint submission for the court’s consideration that Mr. McDonald be declared a Dangerous Offender with a fixed sentence of ten years in penitentiary and subject to a Long-Term Supervision Order (LTSO) for ten years.
PREDICATE OFFENCE
[6] On July 14, 2009, between 7:00 p.m. and 8:00 p.m. in the City of Barrie, Mr. McDonald had sexual intercourse with the victim C.B. in the back yard of a residence. The victim was 44 years of age at the time and was said to be “developmentally challenged”. During their encounter, Mr. McDonald hit C.B. about the head and face. He also caused injury to her vaginal area. C.B. was taken to the hospital where obvious injuries to her head and face included the following:
(1) two one centimeter lacerations over her right cheek;
(2) a loosened left upper central incisor;
(3) swelling of the nose and mid-face area;
(4) blood behind both eardrums and in the external ear canals;
(5) tenderness/bruising/swelling over the right side of the neck.
[7] In addition, a CT Scan revealed C.B. sustained a fractured right cheekbone. A gynaecologist examined C.B.’s pelvic injuries where there was evidence of dried blood on the labia minora and lacerations to the labia minora. These injuries were characterized by the doctor as “penetration injuries”. All of these injuries were caused by Mr. McDonald’s attack on C.B. Also, Mr. McDonald had consumed a significant quantity of alcohol throughout the course of the day. He was arrested at the scene and has remained in custody since.
[8] When interviewed by Dr. Pearce, Mr. McDonald could not recall if he physically assaulted C.B. as he had consumed alcohol that day and was unsure how much he drank.
(Complete decision text continues exactly as in the source through paragraphs [9] to [105], including headings, quotations, and the full list of LTSO conditions, ending with:)
Christopher David McDonald is designated as a Dangerous Offender. He is sentenced to the following:
- On the conviction of aggravated assault, a fixed sentence of ten years imprisonment to be followed by a Long-Term Supervision Order for a period of ten years.
DiTOMASO J.
Released: February 22, 2013