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The Court of Appeal for Ontario dismissed an appeal from sentence, upholding an indeterminate sentence for dangerous offender findings based on violent history and unmanaged risk.
The Ontario Court of Appeal upheld a dangerous offender designation and indeterminate sentence for a man convicted of sexual offences against a child, and granted a sealing/redaction order for medical exhibits.
The Court of Appeal for Ontario granted fresh evidence on harsh pre-sentence custody conditions but dismissed Alexander Clarke’s sentence appeal, finding no basis to reduce the nine-year global sentence.
The Court of Appeal for Ontario granted leave to appeal sentence but dismissed the sentence appeal, upholding the sentencing judge’s refusal to give enhanced pre-sentence custody credit.
La Cour fédérale accueille partiellement le contrôle judiciaire : elle annule la condition spéciale « déclarer relations », mais rejette le reste de la demande.
The Ontario Court of Appeal dismissed Paul Kubesch’s sentence appeal, upholding the pre-sentence credit calculation and the fit sentence for breaches of his supervision orders.
The sentencing judge’s finding that there was no reasonable expectation a determinate sentence (with or without an LTSO) would adequately protect the public was supported by the record given the appellant’s extensive violent history, treatment-resistant personality disorders, and very high violent risk assessments; therefore s.753.01(5) required imposition of an indeterminate sentence and the appeal is dismissed.
Source excerpt
The trial judge's findings on corroboration, credibility (including lack of embellishment and level of detail), and assessment of expert evidence on age-related attenuation were reasonable and supported by the record; there was no legal error in rejecting the applicability of burnout theory to this specific offender or in concluding a LTSO could not manage his risk, therefore the conviction and indeterminate sentence are upheld.
Source excerpt
The appeal is dismissed except the sentencing judge's recommendation that the appellant undergo phallometric testing is vacated; separate sentencing judges may impose LTSOs (issue estoppel does not bar a second LTSO), the sentencing judge did not misapprehend the evidence and reasonably relied on actuarial assessment and offence history to find a substantial risk of reoffending, lifetime s.161 prohibition orders were within discretion, but a recommendation to compel phallometric testing cannot stand absent offender consent.
Source excerpt
The court declared Jason Dirks a dangerous offender and imposed an indeterminate sentence, finding a high likelihood of future sexual and intimate partner violence.
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