R. v. Bird

R. v. Bird

Given the respondent's pattern of violent sexual offending, repeated failures to respond to treatment, cognitive limitations, active substance abuse and absence of presently available, suitably structured community resources capable of providing 24-hour supervised, clinically monitored care, the long term offender regime could not reasonably be expected to reduce his risk to an acceptable level; therefore the court must declare him a dangerous offender and impose an indeterminate sentence to protect the public.

Citation
2007 NSPC 73
Parties
Crown: Her Majesty the Queen; Defendant: William Junior Bird
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 December 2007
Procedural Posture
Criminal Dangerous Offender Application / Dangerous Offender Hearing Designation and Sentencing
Outcome
Respondent declared a dangerous offender and sentenced to an indeterminate period of custody
Legal Topics
Dangerous Offender Designation, Long Term Offender Regime, Risk Assessment and Management, Community Supervision Resources, DNA Order, Weapons Prohibition
Source Language
English
Criminal Law Sentencing Sexual Offences Forensic Psychiatry and Psychology Corrections and Conditional Release Dangerous Offender Designation Long Term Offender Regime Risk Assessment and Management +3 more

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Parties

Her Majesty the Queen

Crown

William Junior Bird

Defendant

Procedural Posture

Criminal Dangerous Offender Application / Dangerous Offender Hearing Designation and Sentencing

Legal Issues

  1. 1 Whether the respondent meets statutory criteria for designation as a dangerous offender
  2. 2 Whether a long term offender designation with community supervision would be sufficient to reduce the risk to an acceptable level
  3. 3 Whether present community resources and supervision are sufficient to control the respondent's risk

Ratio Decidendi

Given the respondent's pattern of violent sexual offending, repeated failures to respond to treatment, cognitive limitations, active substance abuse and absence of presently available, suitably structured community resources capable of providing 24-hour supervised, clinically monitored care, the long term offender regime could not reasonably be expected to reduce his risk to an acceptable level; therefore the court must declare him a dangerous offender and impose an indeterminate sentence to protect the public.

Court Disposition

Respondent declared a dangerous offender and sentenced to an indeterminate period of custody

Orders

  • Indeterminate period of imprisonment in a federal penitentiary (dangerous offender designation)
  • Mandatory DNA order pursuant to Criminal Code s.487.051(1)(a) (predicate offence is a primary designated offence)