Canada Case Law

R. v. Prokopchuk

Court

Supreme Court of British Columbia

Court found Crown proved (beyond reasonable doubt) a repetitive pattern of bank/business robberies or attempted robberies by the accused occurring soon after release and tied to drug use and failure to restrain conduct, and that the predicate offence formed part of that pattern and there was a substantial risk of reoffending; however the Crown failed to prove beyond a reasonable doubt that the pattern gives rise to a high likelihood of inflicting severe psychological damage on future victims, so dangerous offender designation could not be imposed; on the alternative long-term offender analysi…

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• Dangerous offender designation
• Long-term offender designation
• Risk assessment
• Treatability
• Pre-sentence custody credit
• Ancillary orders (dna, weapons prohibition)

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R. v. A.M.

Court

Court of Appeal for Ontario

The Court held the sentencing judge did not err: the offence conduct established a pattern, brutality and failure to control sexual impulses, the appellant demonstrated intractability and lack of insight into his paraphilia, and the Crown proved beyond a reasonable doubt a high likelihood of harmful recidivism; accordingly the dangerous offender designation and imposition of an indeterminate sentence were lawful and necessary to protect the public.

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• Dangerous offender criteria
• Indeterminate sentence
• Recidivism risk assessment
• Expert evidence weight
• Treatment refusal and insight
• Proportionality and restraint

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R. v. Dionne

Court

Supreme Court of Nova Scotia

On the totality of evidence — including multiple, concordant expert risk assessments, the offender's lengthy and diverse violent/sexual record, documented lack of insight and treatment responsiveness, active breaches while under maximum community supervision, and violent institutional behaviour — the court was not satisfied there is a reasonable expectation that any determinate sentence (with or without further LTSO) will adequately protect the public; therefore an indeterminate sentence was required under s.753.01(5).

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• Indeterminate sentence
• Breach of long-term supervision order (ltso)
• S.753.01 criminal code
• S.810.2 recognizance breaches
• Psychological and psychiatric evidence
• Treatability and manageability in community

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R. v. White

Court

British Columbia Court of Appeal

Appeal dismissed. The Court held the dangerous offender designation was properly sustained under s. 753(1)(a)(i), despite error under s. 753(1)(b).

• Pattern analysis
• Risk assessment
• Intractability
• Long-term supervision
• Statutory interpretation
• Dangerous-offender

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R. v. Tremblay

Court

British Columbia Court of Appeal

La Cour d’appel de la Colombie-Britannique rejette l’appel de la désignation de délinquant dangereux et refuse d’admettre de nouveaux éléments de preuve.

• Dangerous offender designation
• Indeterminate sentence
• Treatability
• Risk assessment
• Long-term supervision order
• Fresh evidence admission

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R. v. J.J.P.

Court

Yukon Court of Appeal

The Court of Appeal of Yukon dismissed the Crown’s dangerous-offender appeal and allowed J.J.P.’s appeal only to correct pre-sentence custody credit.

• Designation threshold
• Standard of proof
• Expert psychiatric evidence
• Remorse/dock statement
• Totality principle
• Pre-sentence custody credit

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R. v. Sohal

Court

Supreme Court of British Columbia

The court designated Sandeep Sohal a dangerous offender and imposed six years’ imprisonment, plus a 10-year long-term supervision order and ancillary orders.

• Dangerous offender designation under s.753
• Long-term supervision order (ltso)
• Risk assessment and treatability
• Youth convictions weight in adult proceedings
• Ancillary orders (dna, soira, weapons prohibition)
• Dangerous-offender-designation

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R. v. Hexamer

Court

British Columbia Court of Appeal

The Court of Appeal upheld a dangerous offender designation and indeterminate sentence for repeated child sexual assaults, rejecting claims of legal error, unfairness, and bias.

• Dangerous offender designation
• Indeterminate sentence
• Treatability
• Risk assessment
• Section 753(1)
• Section 752.1 assessment

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R. v. Clayton

Court

Supreme Court of British Columbia

The court designated Larry Daniel Clayton a dangerous offender, finding a long pattern of violent, controlling offences against women and poor treatability.

• Dangerous offender designation
• Serious personal injury offence
• Pattern of repetitive behaviour
• Failure to restrain
• Treatability and motivation
• Risk assessment

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R. v. Wright

Court

Supreme Court of British Columbia

The court held that s. 753.01 applied to a previously designated dangerous offender and imposed a further indeterminate sentence after finding public protection required it.

• Section 753.01 application
• Indeterminate sentence
• Risk assessment and recidivism
• Statutory interpretation
• Sexual sadism disorder
• Parole breach

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