R. v. Bowen

Parties

Procedural Posture

Criminal Dangerous Offender Application / Decision on Dangerous Offender Designation and Sentencing

Legal Issues

1. 1 Whether the accused meets the statutory criteria for dangerous offender designation under s.753(1) of the Criminal Code
2. 2 Whether there is a reasonable expectation that a lesser measure (5–7 year determinate sentence plus a 10 year Long Term Supervision Order) would adequately protect the public under s.753(4.1)
3. 3 Whether evidence of treatability and supervision compliance is sufficient to allow community release in future

Ratio Decidendi

The court found the statutory criteria for dangerous offender designation met and concluded there was not a reasonable expectation that a determinate sentence of 5–7 years plus a 10 year Long Term Supervision Order would adequately protect the public given the accused’s high actuarial and clinical risk (including psychopathy), extensive and escalating violent and coercive offending, poor treatment history and questionable supervision compliance; therefore indeterminate detention in a penitentiary was required.

Court Disposition

Application granted; accused declared a dangerous offender and sentenced to detention in a federal penitentiary for an indeterminate period.

Orders

• Dangerous offender designation granted under s.753 of the Criminal Code
• Accused committed to detention in a penitentiary for an indeterminate period