R. v. L.E.B.

R. v. L.E.B.

All statutory prerequisites for the dangerous offender application were satisfied; on the totality of reliable evidence (documentary record, prior convictions, correctional records, and the expert assessment of Dr. Bloom diagnosing psychopathy, antisocial personality disorder and sexual sadism), the Court was...

Source-derived case information.

Citation
2014 NSSC 244
Parties
Prosecutor/crown: Her Majesty the Queen; Accused/offender/defendant: L.E.B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 June 2014
Procedural Posture
Criminal — Dangerous Offender Application and Sentencing / Decision and Sentencing Following Hearing and Assessment Report
Outcome
Offender declared a dangerous offender; indeterminate detention imposed on counts 1–7; count 8 treated as 5 years deemed served on remand; count 9 sentenced to a determinate term on a go‑forward basis (see credits) ; ancillary orders made and prior Long Term Supervision Order terminated.
Legal Topics
Dangerous Offender Designation, Indeterminate Sentence, Long‑term Offender, Assessment Reports and Procedure, Expert Psychiatric Evidence, Remand and Remand Credit, Ancillary Orders (dna, Firearms Prohibition, Soira)
Source Language
english
Criminal Law Sentencing Dangerous Offender Regime Sexual Offences Corrections/long‑term Supervision Dangerous Offender Designation Indeterminate Sentence Long‑term Offender +4 more

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Parties

Her Majesty the Queen

Prosecutor/crown

L.E.B.

Accused/offender/defendant

Procedural Posture

Criminal — Dangerous Offender Application and Sentencing / Decision and Sentencing Following Hearing and Assessment Report

Legal Issues

  1. 1 Whether statutory conditions precedent for a dangerous offender application were met
  2. 2 Whether the offender satisfied one or more definitions in s.753(1) of the Criminal Code
  3. 3 Whether a lesser measure under s.753(4)(b) or (c) would adequately protect the public

Ratio Decidendi

All statutory prerequisites for the dangerous offender application were satisfied; on the totality of reliable evidence (documentary record, prior convictions, correctional records, and the expert assessment of Dr. Bloom diagnosing psychopathy, antisocial personality disorder and sexual sadism), the Court was satisfied beyond a reasonable doubt that the offender met each definition under s.753(1) and that no lesser measure would adequately protect the public; therefore the offender was declared a dangerous offender and indeterminate sentences were imposed on the relevant counts, with specified determinate treatment for the remaining counts and ancillary orders (DNA, life firearms...

Court Disposition

Offender declared a dangerous offender; indeterminate detention imposed on counts 1–7; count 8 treated as 5 years deemed served on remand; count 9 sentenced to a determinate term on a go‑forward basis (see credits) ; ancillary orders made and prior Long Term Supervision Order terminated.

Orders

  • Declare L.E.B. a dangerous offender pursuant to s.753(1) of the Criminal Code
  • Impose indeterminate sentences of detention in a penitentiary on Counts 1, 2, 3, 4, 5, 6 and 7 (as listed)