R. v. Terriak

R. v. Terriak

The court found beyond a reasonable doubt that the accused met the dangerous offender criteria under s.753(1)(a)(i), s.753(1)(a)(ii) and s.753(1)(b) based on a decades-long pattern of alcohol-related violent and sexual offending, failure to restrain behaviour when intoxicated, and a demonstrated likelihood of future harm including failure to control sexual impulses; however, applying s.753(4.1) and the sentencing objectives in ss.718-718.2, the court concluded there was a reasonable expectation that a determinate custodial sentence of five years followed by a ten-year long-term supervision order, together with conditions and treatment (including DBT), would adequately protect the public,...

Citation
2019 NSPC 40
Parties
Crown: HER MAJESTY THE QUEEN; Accused: CHRISTOPHER SAMUEL TERRIAK
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
30 September 2019
Procedural Posture
Dangerous Offender Application and Sentencing / Decision on Sentence and Dangerous Offender Application (designation and Sentencing)
Outcome
Accused declared a Dangerous Offender; court imposed a determinate custodial sentence of five years with credit for time served and a ten-year Long-Term Supervision Order; ancillary orders imposed and a concurrent 90-day sentence for breach of probation.
Legal Topics
Dangerous Offender Designation, Indeterminate Sentence, Long Term Supervision, Sexual Assault, Gladue Factors, Risk Assessment, Parole and Supervision
Source Language
English
Criminal Law Sentencing Dangerous Offender Sexual Offences Corrections and Supervision Dangerous Offender Designation Indeterminate Sentence Long Term Supervision +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

HER MAJESTY THE QUEEN

Crown

CHRISTOPHER SAMUEL TERRIAK

Accused

Procedural Posture

Dangerous Offender Application and Sentencing / Decision on Sentence and Dangerous Offender Application (designation and Sentencing)

Legal Issues

  1. 1 Whether the accused meets the dangerous offender criteria under s.753(1)(a)(i),(ii) and s.753(1)(b) of the Criminal Code
  2. 2 Whether an indeterminate sentence is required under s.753(4.1) or a lesser measure (determinate sentence plus long-term supervision) will adequately protect the public
  3. 3 Appropriate sentence for sexual assault and concurrent breach of probation taking into account ss.718-718.2 and Gladue factors

Ratio Decidendi

The court found beyond a reasonable doubt that the accused met the dangerous offender criteria under s.753(1)(a)(i), s.753(1)(a)(ii) and s.753(1)(b) based on a decades-long pattern of alcohol-related violent and sexual offending, failure to restrain behaviour when intoxicated, and a demonstrated likelihood of future harm including failure to control sexual impulses; however, applying s.753(4.1) and the sentencing objectives in ss.718-718.2, the court concluded there was a reasonable expectation that a determinate custodial sentence of five years followed by a ten-year long-term supervision order, together with conditions and treatment (including DBT), would adequately protect the public,...

Court Disposition

Accused declared a Dangerous Offender; court imposed a determinate custodial sentence of five years with credit for time served and a ten-year Long-Term Supervision Order; ancillary orders imposed and a concurrent 90-day sentence for breach of probation.

Orders

  • Declared Dangerous Offender under s.753(1)(a)(i), s.753(1)(a)(ii) and s.753(1)(b) of the Criminal Code
  • Sentence: five years imprisonment with credit of 51 months for time served (34 months at a 1.5 credit rate from Dec 1, 2016 to Sept 30, 2019)