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The Supreme Court of Canada held that threatening violence during a robbery can satisfy the Criminal Code definition of a serious personal injury offence.
The Crown’s s. 752.1 application was granted after McDonald’s manslaughter conviction. The court ordered a 60-day assessment to consider dangerous or long-term offender designation.
Court considered a jury question, found the complainant started an unarmed altercation, and ordered Gary Frederick Trainor remanded for a s. 752.1 assessment.
The court granted the Crown’s application for a dangerous-offender assessment, finding the statutory threshold under s. 752.1(1) was met and ordering a remand of up to 60 days.
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