The offender was convicted of aggravated sexual assault, wearing a disguise with intent, and uttering threats.
The Crown sought a dangerous offender designation.
The trial judge instead designated the offender as a long-term offender and imposed a 15-year sentence consecutive to his current sentence, followed by a 10-year long-term supervision order.
Both the Crown and the offender appealed.
The Crown argued the trial judge erred in relying on statistical evidence of age-related decline in risk to find a reasonable possibility of eventual control in the community.
The offender argued the 15-year sentence violated the totality principle.
The Court of Appeal dismissed both appeals, finding the trial judge properly weighed the expert evidence and that the totality principle does not require a shorter sentence if it would preclude a long-term offender designation in favour of an indeterminate dangerous offender sentence.