R. v. Armstrong

R. v. Armstrong

Given Armstrong's prior brutal assaults and similar threats, the threat to his parole officer was objectively likely to cause severe psychological harm and in fact caused ongoing severe psychological damage; combined with his repetitive history, resistance to assessment and treatment, and lack of insight, there are reasonable grounds he might be found a dangerous or long-term offender, so an assessment under s.752.1 must be ordered.

Citation
2009 BCSC 1967
Parties
Crown: Regina; Accused: Thomas Leslie Armstrong
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 January 2009
Procedural Posture
Criminal Application for Psychiatric Assessment Under S.752.1 of the Criminal Code / Pre Sentence Application Hearing (application Under S.752.1)
Outcome
Crown's application granted
Legal Topics
Section 752.1 Criminal Code, Dangerous Offender (s.753), Long Term Offender (s.753.1), Serious Personal Injury Offence, Psychological Harm, Threats Under S.423.1
Source Language
English
Criminal Law Mental Health Law Sentencing Dangerous Offender Regime Section 752.1 Criminal Code Dangerous Offender (s.753) Long Term Offender (s.753.1) Serious Personal Injury Offence +2 more

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Parties

Regina

Crown

Thomas Leslie Armstrong

Accused

Procedural Posture

Criminal Application for Psychiatric Assessment Under S.752.1 of the Criminal Code / Pre Sentence Application Hearing (application Under S.752.1)

Legal Issues

  1. 1 Whether an offence under s.423.1 can qualify as a 'serious personal injury offence' under s.752
  2. 2 Whether the threats inflicted or were likely to inflict 'severe psychological damage' as required by s.752
  3. 3 Whether there are reasonable grounds to believe the offender might be found a dangerous offender under s.753 or a long-term offender under s.753.1

Ratio Decidendi

Given Armstrong's prior brutal assaults and similar threats, the threat to his parole officer was objectively likely to cause severe psychological harm and in fact caused ongoing severe psychological damage; combined with his repetitive history, resistance to assessment and treatment, and lack of insight, there are reasonable grounds he might be found a dangerous or long-term offender, so an assessment under s.752.1 must be ordered.

Court Disposition

Crown's application granted

Orders

  • Order under s.752.1 of the Criminal Code remanding the offender to custody for a psychiatric assessment for a period not exceeding 60 days to determine whether there are grounds to pursue dangerous offender or long-term offender designation
  • Assessment to be performed or coordinated by person designated by the court for use in any subsequent application under s.753 or s.753.1