R. v. Newhook

R. v. Newhook

The Court held that the Crown proved Newhook met the dangerous offender criteria under s.753(1)(a)(ii) and that a Long-Term Supervision Order would be insufficient to reduce the risk he presents to an acceptable level; the court therefore exercised its discretion to designate him a dangerous offender and imposed an indeterminate term of imprisonment.

Citation
2010 NSPC 19
Parties
Crown/prosecution: R.; Accused/defendant: Christopher Edward Newhook; Victim: Chris Dempsey
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
1 March 2010
Procedural Posture
Criminal Dangerous Offender Application / Sentencing / Dangerous Offender Hearing
Outcome
Accused declared a dangerous offender under s.753(1)(a)(ii) and sentenced to an indeterminate term of imprisonment.
Legal Topics
Aggravated Assault, Dangerous Offender Designation, Long Term Supervision Order, Risk Assessment, Psychopathy and Ageing
Source Language
English
Criminal Law Sentencing Forensic Psychiatry Corrections Aggravated Assault Dangerous Offender Designation Long Term Supervision Order Risk Assessment +1 more

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Parties

R.

Crown/prosecution

Christopher Edward Newhook

Accused/defendant

Chris Dempsey

Victim

Procedural Posture

Criminal Dangerous Offender Application / Sentencing / Dangerous Offender Hearing

Legal Issues

  1. 1 Whether the offender meets criteria for dangerous offender designation under s.753(1)(a)(ii)
  2. 2 Whether a Long-Term Supervision Order or determinate sentence would sufficiently protect the public
  3. 3 Reliability and weight of psychiatric risk assessments and the effect of psychopathy and ageing on risk

Ratio Decidendi

The Court held that the Crown proved Newhook met the dangerous offender criteria under s.753(1)(a)(ii) and that a Long-Term Supervision Order would be insufficient to reduce the risk he presents to an acceptable level; the court therefore exercised its discretion to designate him a dangerous offender and imposed an indeterminate term of imprisonment.

Court Disposition

Accused declared a dangerous offender under s.753(1)(a)(ii) and sentenced to an indeterminate term of imprisonment.

Orders

  • Declared a dangerous offender under s.753(1)(a)(ii) of the Criminal Code
  • Sentenced to an indeterminate term of imprisonment