Canada Case Law

R. v. LeRoy

Court

Supreme Court of Nova Scotia

The court accepted the parties' negotiated joint submission, found the prerequisites of s.753.1 met on the basis of expert evidence (substantial risk of reoffending and reasonable possibility of eventual control), designated the offender a long-term offender, and imposed the agreed determinate sentence (10 years) to be served consecutive to existing sentences with a 10-year period of long-term supervision, concluding the joint submission did not bring the administration of justice into disrepute and did not offend totality or other sentencing principles.

Source excerpt

• Aggravated assault
• Kidnapping
• Robbery
• Pointing a firearm
• Long-term supervision
• Totality principle

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R. v. Bananish

Court

Court of Appeal for Ontario

Leave to appeal sentence was granted but the appeal was dismissed because the sentencing judge's findings of fact and risk assessment were supported by the record, the expert evidence was not shown to be biased, the defence did not challenge prior-conviction facts at the hearing, and the factual conclusion that the appellant is at substantial risk of violent re-offending justified the long-term offender designation and the imposed sentence.

Source excerpt

• Sentencing appeals
• Long-term supervision orders
• Risk assessment
• Expert evidence
• Prior convictions

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R. v. Good

Court

Yukon Court of Appeal

Appeal from sentence for assault causing bodily harm and uttering death threats dismissed; the Court upheld the long-term offender designation and found no Gladue error.

• Gladue / s.718.2(e) analysis
• Denunciation and deterrence vs rehabilitation
• Section 753.1(1) long-term offender criteria
• Availability of programming (dialectical behaviour therapy)
• Gladue-sentencing
• Long-term-offender-designation

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R. v. Trainor

Court

Supreme Court of British Columbia

The court imposed a six-year sentence for aggravated assault, then declared the offender a long-term offender and ordered seven years of supervision, DNA sampling, and a lifetime weapons ban.

• Aggravated assault
• Section 753.1 criminal code
• Pre-trial custody credit
• Dangerous offender jurisprudence
• Supervision order
• Dna databank

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R. v. Aleck

Court

Supreme Court of British Columbia

The court sentenced Rawleigh Pierre Aleck for sexual assault, unlawful confinement and threats, and designated him a long-term offender with five years' supervision.

• Sexual assault
• Unlawful confinement
• Uttering threats
• S.753.1 criminal code
• Pre-sentence custody credit
• Risk assessment

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