R. v. Nickerson

R. v. Nickerson

The Crown proved beyond a reasonable doubt that the accused met all statutory dangerous offender thresholds: pattern of repetitive behaviour showing failure to restrain, a pattern of persistent aggressive behaviour showing indifference to foreseeable consequences, conduct of a brutal nature, and failure to control sexual impulses; the evidence (including psychiatric risk assessments and prior similar offences) did not establish a reasonable expectation that a lesser measure (determinate sentence or long-term supervision) would adequately protect the public, therefore an indeterminate period of detention under s.753(4)(a) was required.

Citation
2014 NSPC 67
Parties
Crown: Her Majesty the Queen; Accused: Gordon Frank Nickerson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 September 2014
Procedural Posture
Criminal – Dangerous Offender Application / Post Plea Dangerous Offender Hearing and Sentencing
Outcome
Accused declared a dangerous offender and sentenced to detention in a penitentiary for an indeterminate period pursuant to s.753(4)(a) Criminal Code.
Legal Topics
Dangerous Offender Designation, Indeterminate Detention, Long Term Supervision, Pattern/persistence/brutality Threshold, Failure to Control Sexual Impulses, Gladue Considerations
Source Language
English
Criminal Law Sentencing Dangerous Offender Law Sexual Offences Aboriginal Sentencing (gladue) Dangerous Offender Designation Indeterminate Detention Long Term Supervision +3 more

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Parties

Her Majesty the Queen

Crown

Gordon Frank Nickerson

Accused

Procedural Posture

Criminal – Dangerous Offender Application / Post Plea Dangerous Offender Hearing and Sentencing

Legal Issues

  1. 1 Whether Crown proved dangerous offender criteria under s.753(1)(a)(i)-(iii) and (b) beyond a reasonable doubt
  2. 2 Whether evidence established a pattern of repetitive or persistent aggressive behaviour including failure to restrain conduct
  3. 3 Whether offending was of a brutal nature compelling a conclusion of likely future lack of restraint

Ratio Decidendi

The Crown proved beyond a reasonable doubt that the accused met all statutory dangerous offender thresholds: pattern of repetitive behaviour showing failure to restrain, a pattern of persistent aggressive behaviour showing indifference to foreseeable consequences, conduct of a brutal nature, and failure to control sexual impulses; the evidence (including psychiatric risk assessments and prior similar offences) did not establish a reasonable expectation that a lesser measure (determinate sentence or long-term supervision) would adequately protect the public, therefore an indeterminate period of detention under s.753(4)(a) was required.

Court Disposition

Accused declared a dangerous offender and sentenced to detention in a penitentiary for an indeterminate period pursuant to s.753(4)(a) Criminal Code.

Orders

  • Detention in a penitentiary for an indeterminate period pursuant to s.753(4)(a) Criminal Code
  • DNA order pursuant to s.487.051(1) Criminal Code