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On the evidence before the sentencing judge, including Dr. Rootenberg's overall assessment (actuarial and other considerations), the imposition of the long-term supervision order/long-term offender designation was supported by the record and the appeal is dismissed.
Source excerpt
The court declined dangerous offender designation (intractability not proven), imposed a custodial sentence for aggravated assault of 3 years and 10 months (reduced 60 days for totality), applied remand credit at 1.5 days per day (545 days = 817 days credit) leaving 582 days to serve; found beyond a reasonable doubt that the Crown proved substantial risk of violent reoffending and that there is a reasonable possibility of eventual control in the community; accordingly imposed a 6-year long-term supervision order to commence on release and ordered s.109 firearms prohibition and DNA order.
Source excerpt
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).
Source excerpt
Although the sentencing judge erred by not considering future treatment prospects at the designation stage, that error was harmless because the judge’s credibility findings and the psychiatric evidence compelled a dangerous offender designation and an indeterminate sentence; the fresh 2020 assessment would not have changed those conclusions, so the appeal and the application to adduce fresh evidence were dismissed.
Source excerpt
The court found T.L.P. to be a dangerous offender, imposed an 11-year aggregate sentence, and ordered a 10-year Long Term Supervision Order with ancillary lifetime conditions.
The court dismissed J.W.R.’s application to terminate his long-term supervision order, finding he had not shown a material change in circumstances or that he no longer posed a substantial risk.
Federal Court dismissed judicial review of H&C and PRRA refusals, finding the Officer used the correct test and reasonably assessed the applicant’s risks and evidence.
The court accepted the joint recommendation as within the acceptable sentencing range and imposed 10 years imprisonment for aggravated assault with concurrent two-year terms for theft and harassment; granted 1.5:1 pre-sentence custody credit totalling 36 months; declared the offender a long-term offender under s.753.1 and imposed 10 years of community supervision post-sentence; imposed lifetime SOIRA registration and firearms prohibition and ordered DNA to be addressed as necessary.
Source excerpt
The court declared Carl Joseph Kane a long-term offender after finding sexual assault causing bodily harm, a five-year fit sentence, substantial reoffending risk, and community control possible.
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.
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