R. v. Crowe

Parties

Procedural Posture

Criminal Dangerous Offender Application / Dangerous Offender Application and Sentencing (decision)

Legal Issues

1. 1 Whether the offender meets one or more definitions of a dangerous offender under s.753(1)
2. 2 Whether the Crown proved dangerousness beyond a reasonable doubt and risk of future sexual/violent offending
3. 3 Whether an indeterminate sentence is required or a lesser determinate sentence with long-term supervision will adequately protect the public under s.753(4.1)

Ratio Decidendi

Court found beyond a reasonable doubt that Crowe met the dangerous offender definitions under s.753(1) (pattern of repetitive behaviour, persistent aggressive behaviour, offence of a brutal nature, and failure to control sexual impulses) based on his criminal record, the facts of the predicate offence, and expert psychiatric and actuarial evidence. Despite the statutory presumption favoring indeterminate detention, the judge concluded there was a reasonable expectation that a determinate custodial term of 10 years with a subsequent 10-year long-term supervision order, contingent on completion of high-intensity in-custody sex-offender treatment and community relapse-prevention measures,...

Court Disposition

Declared a dangerous offender; imposed determinate custodial sentence of 10 years with remand credit applied (resulting in 4 years remaining to be served) and ordered a 10-year long-term supervision order upon release; concurrent sentences on non-predicate counts; ancillary statutory orders made

Orders

• Declare Robert Thomas Crowe a dangerous offender pursuant to s.753(1) Criminal Code
• Custodial sentence of 10 years for the predicate offence (credit applied for ~4 years remand leaving 4 years remaining)