R. v. Martin

R. v. Martin

The Crown proved beyond a reasonable doubt that Martin met the s.753 dangerous offender criteria (patterns of repetitive and persistent aggressive sexual and violent behaviour, failure to control sexual impulses, psychopathic traits and high actuarial risk). The court was not satisfied there was a reasonable expectation that a lesser measure would adequately protect the public; therefore an indeterminate sentence under s.753(4)(a) was required and imposed.

Citation
2014 NSPC 124
Parties
Crown: Her Majesty the Queen; Accused: James Joseph Martin
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
18 August 2014
Procedural Posture
Criminal Dangerous Offender Application / Determination of Dangerous Offender Designation and Sentencing (indeterminate Vs Determinate)
Outcome
Offender declared a dangerous offender and sentenced to indeterminate imprisonment under s.753(4)(a) of the Criminal Code
Legal Topics
Dangerous Offender Designation, Indeterminate Sentence, Long Term Supervision Order, Risk Assessment, Sexual Assault, Evidentiary Rules at Sentencing
Source Language
English
Criminal Law Sentencing Forensic Psychiatry Public Protection Dangerous Offender Designation Indeterminate Sentence Long Term Supervision Order Risk Assessment +2 more

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Parties

Her Majesty the Queen

Crown

James Joseph Martin

Accused

Procedural Posture

Criminal Dangerous Offender Application / Determination of Dangerous Offender Designation and Sentencing (indeterminate Vs Determinate)

Legal Issues

  1. 1 Whether the offender meets the statutory dangerous offender criteria in s.753
  2. 2 Whether the Crown proved dangerousness beyond a reasonable doubt
  3. 3 Whether an indeterminate sentence is required under s.753(4.1) or a lesser determinate sentence with supervision will adequately protect the public

Ratio Decidendi

The Crown proved beyond a reasonable doubt that Martin met the s.753 dangerous offender criteria (patterns of repetitive and persistent aggressive sexual and violent behaviour, failure to control sexual impulses, psychopathic traits and high actuarial risk). The court was not satisfied there was a reasonable expectation that a lesser measure would adequately protect the public; therefore an indeterminate sentence under s.753(4)(a) was required and imposed.

Court Disposition

Offender declared a dangerous offender and sentenced to indeterminate imprisonment under s.753(4)(a) of the Criminal Code

Orders

  • Declare James Joseph Martin a dangerous offender pursuant to s.753(1) of the Criminal Code
  • Impose an indeterminate sentence of imprisonment pursuant to s.753(4)(a) of the Criminal Code