R. v. McDonald

R. v. McDonald

The court held the s.752.1 threshold is met on the accused's record and conduct outside Mr. Big scenarios, and therefore ordered the accused remanded for an assessment under s.752.1 (remand not to exceed 60 days) with the assessment report to be filed within 30 days after the assessment period and provided to Crown and defence.

Citation
2014 BCSC 2652
Parties
Prosecutor: Regina; Accused: Thomas Anthony McDonald
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 June 2014
Procedural Posture
Criminal Application Under S. 752.1 of the Criminal Code for Assessment Report Following Conviction for Manslaughter / Application for Remand for S. 752.1 Assessment Report Prior to Sentencing After Conviction for Manslaughter
Outcome
Application granted; accused remanded for assessment under s.752.1
Legal Topics
Section 752.1 Criminal Code, Dangerous Offender, Long Term Offender, Remand for Assessment, Mr. Big Investigation, Manslaughter
Source Language
English
Criminal Law Sentencing Procedure Section 752.1 Criminal Code Dangerous Offender Long Term Offender Remand for Assessment Mr. Big Investigation +1 more

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Parties

Regina

Prosecutor

Thomas Anthony McDonald

Accused

Procedural Posture

Criminal Application Under S. 752.1 of the Criminal Code for Assessment Report Following Conviction for Manslaughter / Application for Remand for S. 752.1 Assessment Report Prior to Sentencing After Conviction for Manslaughter

Legal Issues

  1. 1 Whether there are reasonable grounds under s.752.1 to believe the offender might be found a dangerous or long-term offender
  2. 2 Whether multiple manslaughter convictions can constitute a pattern of behaviour under s.753(1)(a)
  3. 3 Whether evidence arising from a Mr. Big investigation should be considered on a s.752.1 application

Ratio Decidendi

The court held the s.752.1 threshold is met on the accused's record and conduct outside Mr. Big scenarios, and therefore ordered the accused remanded for an assessment under s.752.1 (remand not to exceed 60 days) with the assessment report to be filed within 30 days after the assessment period and provided to Crown and defence.

Court Disposition

Application granted; accused remanded for assessment under s.752.1

Orders

  • Accused remanded for assessment under s.752.1 for a period not to exceed 60 days
  • Assessment report to be filed not later than 30 days after the end of the assessment period