R. v. Aylward

R. v. Aylward

The court found the accused met statutory criteria for both long term offender and dangerous offender designations but, on the totality of evidence (forensic psychiatric opinion, correctional records and lack of suitable community controls), concluded there is no reasonable possibility of eventual control of his risk in the community and therefore could not impose a long term supervision regime; accordingly the court declared the accused a dangerous offender and imposed an indeterminate penitentiary sentence with a lifetime weapons prohibition.

Citation
2008 NSPC 55
Parties
Crown: Her Majesty the Queen; Accused: Mark Garnet Aylward
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
26 September 2008
Procedural Posture
Criminal Dangerous/long Term Offender Application / Designation Hearing and Sentencing
Outcome
Declared dangerous offender and sentenced to an indeterminate period of imprisonment
Legal Topics
Dangerous Offender, Long Term Offender, Sexual Offences, Parole, Risk Assessment, Rehabilitation
Source Language
English
Criminal Law Sentencing Corrections Dangerous Offender Long Term Offender Sexual Offences Parole Risk Assessment +1 more

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Parties

Her Majesty the Queen

Crown

Mark Garnet Aylward

Accused

Procedural Posture

Criminal Dangerous/long Term Offender Application / Designation Hearing and Sentencing

Legal Issues

  1. 1 Whether the court may accept a joint recommendation to designate an accused a long term offender without independent judicial analysis of statutory criteria
  2. 2 Whether a long term offender designation is appropriate where the offender is serving a life sentence and community supervision cannot be imposed
  3. 3 Whether there is a reasonable possibility of eventual control of the accused's risk in the community

Ratio Decidendi

The court found the accused met statutory criteria for both long term offender and dangerous offender designations but, on the totality of evidence (forensic psychiatric opinion, correctional records and lack of suitable community controls), concluded there is no reasonable possibility of eventual control of his risk in the community and therefore could not impose a long term supervision regime; accordingly the court declared the accused a dangerous offender and imposed an indeterminate penitentiary sentence with a lifetime weapons prohibition.

Court Disposition

Declared dangerous offender and sentenced to an indeterminate period of imprisonment

Orders

  • Sentence of indeterminate imprisonment in a penitentiary
  • Prohibited for life from possessing any firearm, crossbow, restricted weapon, ammunition and explosive substance under Criminal Code s.109(3)