Canada Case Law

R. v. W.M.

Court

Nova Scotia Provincial Court

The Crown failed to prove beyond a reasonable doubt that W.M. will likely reoffend at the time of release after serving the custodial sentence; although a pattern of repetitive sexual offending causing likely severe psychological harm was established, the required probability of recidivism at release could not be met given the offender's advanced age, health and expert evidence regarding age-related risk decline, so the court declined to designate W.M. a Long-Term Offender; the court imposed a global custodial sentence of 12.5 years (with 4.5 years remand credit for a go-forward term of 8 yea…

Source excerpt

• Long-term offender designation
• Long-term supervision order
• Risk assessment and recidivism
• Possession of child pornography
• Sentencing principles and totality
• Pre-sentence custody credit

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R. v. Jerace

Court

Supreme Court of British Columbia

Sentencing for breach of a long-term supervision order by consuming alcohol. The court imposed 18 months’ imprisonment, 426 days’ credit, and authorized a DNA order.

• Breach of long-term supervision order
• Sentencing principles (ss.718 et seq.)
• Pre-trial custody credit
• Dna sampling orders
• Victim surcharge (r. v. boudreault)
• Sentencing

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R. v. Neale

Court

Supreme Court of British Columbia

The court declined to declare Mr. Neale a dangerous offender, instead designating him a long-term offender and imposing determinate sentences, supervision conditions, and ancillary orders.

• Dangerous offender designation
• Long-term offender designation
• Risk of recidivism
• Sexual offender treatment
• Hebephilia
• Sentencing credit

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