R. v. Roper

R. v. Roper

Because the accused was convicted of a serious personal injury offence and there were reasonable grounds, based on the index offence, prior violent convictions and psychological reports, to believe he might be found a dangerous or long-term offender, the statutory low threshold for a s.752.1 assessment remand was...

Source-derived case information.

Citation
2014 BCSC 1869
Parties
Crown/prosecution: Regina; Accused: James Lee Roper
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 September 2014
Procedural Posture
Criminal / Application for S.752.1 Psychiatric Assessment Remand Before Sentencing
Outcome
Assessment order granted; remand for psychiatric assessment under s.752.1.
Legal Topics
Section 752.1 Assessment, Psychiatric Assessment, Remand Order, Serious Personal Injury Offence, S.753 and S.753.1 Applications
Source Language
english
Criminal Law Dangerous Offender Law Long Term Offender Law Sentencing Section 752.1 Assessment Psychiatric Assessment Remand Order Serious Personal Injury Offence +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Crown/prosecution

James Lee Roper

Accused

Procedural Posture

Criminal / Application for S.752.1 Psychiatric Assessment Remand Before Sentencing

Legal Issues

  1. 1 Whether the offender is convicted of a serious personal injury offence
  2. 2 Whether there are reasonable grounds to believe the offender might be found a dangerous offender or a long-term offender
  3. 3 Whether the low threshold for an assessment remand under s.752.1 is met

Ratio Decidendi

Because the accused was convicted of a serious personal injury offence and there were reasonable grounds, based on the index offence, prior violent convictions and psychological reports, to believe he might be found a dangerous or long-term offender, the statutory low threshold for a s.752.1 assessment remand was met and the remand order was required.

Court Disposition

Assessment order granted; remand for psychiatric assessment under s.752.1.

Orders

  • Remand James Lee Roper to the custody of a person designated by the court for psychiatric assessment under s.752.1 of the Criminal Code for a period not exceeding 60 days before sentence is imposed.