R. v. Cook (S.), (2012) 274 Man.R.(2d) 163 (PC)

• Judge: Sandhu, P.C.J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: February 02, 2012
• Jurisdiction: Manitoba
• Citations: (2012), 274 Man.R.(2d) 163 (PC);2012 MBPC 18

R. v. Cook (S.) (2012), 274 Man.R.(2d) 163 (PC)

MLB headnote and full text

Temp. Cite: [2012] Man.R.(2d) TBEd. FE.023

Her Majesty The Queen v. Sonny Cook

(2012 MBPC 18)

Indexed As: R. v. Cook (S.)

Manitoba Provincial Court

Sandhu, P.C.J.

February 2, 2012.

Summary:

Cook pled guilty to choking to overcome resistance and sexual assault and to sexual assault with a weapon (two different victims). The Crown applied for Cook to be declared to be a dangerous offender under s. 753 of the Criminal Code.

The Manitoba Provincial Court granted the application and imposed a sentence of an indefinite period of imprisonment.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 6503

Dangerous or long-term offenders - Detention (incl. common law preventive detention) - General - Dangerous offender - Defined - Cook pled guilty to choking to overcome resistance and sexual assault and to sexual assault with a weapon (two different victims) - The Manitoba Provincial Court declared Cook to be a dangerous offender under s. 753 of the Criminal Code and imposed a sentence of an indefinite period of imprisonment - Acknowledging that "public safety concerns are never to be overshadowed in proceedings such as this", the court found that Cook had an antisocial personality disorder overlaid with a substance abuse disorder - Cook would likely commit further criminal offences of a sexual and violent nature, consistent with his past established patterns of violence and sexual violence toward women in particular - He had committed four separate and distinct sexual assaults with violence on different women that he had preyed upon - All four of his sexual assaults were major sexual assaults involving gratuitous violence that he seemed to enjoy - There was a pattern of persistent, aggressive behaviour (s. 735(1)(a)(ii)) - Throughout his adult life, Cook had failed to control his sexual impulses (s. 735(1)(b)) - While there was empirical evidence that would lead one to expect that Cook's propensity to re-offend would decline with age, the decline of risk was muted by the diagnosis of sexual sadism, which was "near to untreatable" - The general risk of recidivism was extremely high - Cook met all of the criteria for a designation as a dangerous offender.

Criminal Law - Topic 6508

Dangerous or long-term offenders - Detention (incl. common law preventive detention) - General - Dangerous offender - Legislation - Interpretation and application - [See Criminal Law - Topic 6503 ].

Criminal Law - Topic 6551

Dangerous or long-term offenders - Detention (incl. common law preventive detention) - Protection of the public - General - [See Criminal Law - Topic 6503 ].

Criminal Law - Topic 6556

Dangerous or long-term offenders - Detention (incl. common law preventive detention) - Protection of the public - Incurable personality disorder - [See Criminal Law - Topic 6503 ].

Criminal Law - Topic 6558

Dangerous or long-term offenders - Detention - Protection of the public - Dangerous sexual offender - [See Criminal Law - Topic 6503 ].

Criminal Law - Topic 6562

Dangerous or long-term offenders - Detention - Protection of the public - Persistent aggressive behaviour - [See Criminal Law - Topic 6503 ].

Cases Noticed:

R. v. D.V.B. (2010), 260 O.A.C. 329; 2010 ONCA 291, refd to. [para. 75].

R. v. Johnson (J.J.), [2003] 2 S.C.R. 357; 308 N.R. 333; 186 B.C.A.C. 161; 306 W.A.C. 161; 2003 SCC 46, refd to. [para. 80].

R. v. Currie (R.O.R.), [1997] 2 S.C.R. 260; 211 N.R. 321; 100 O.A.C. 161, refd to. [para. 82].

R. v. Dow (D.R.) (1999), 120 B.C.A.C. 16; 196 W.A.C. 16; 134 C.C.C.(3d) 323; 1999 BCCA 177, refd to. [para. 84].

R. v. Little (G.) (2007), 226 O.A.C. 148; 87 O.R.(3d) 683; 2007 ONCA 548, refd to. [para. 85].

R. v. Goforth (E.R.) (2005), 257 Sask.R. 123; 342 W.A.C. 123; 2005 SKCA 12, refd to. [para. 85].

R. v. Innocent, [2009] O.J. No. 3663 (Sup. Ct.), refd to. [para. 85].

R. v. Shorting (R.D.), [2011] Man.R.(2d) Uned. 39; 2011 MBQB 106, refd to. [para. 85].

R. v. B.F.A. (2011), 272 Man.R.(2d) 158; 2011 MBQB 277, refd to. [para. 85].

R. v. Atatise - see R. v. B.F.A.

R. v. Cook (D.A.) (2010), 259 Man.R.(2d) 109; 2010 MBQB 237, refd to. [para. 85].

R. v. Casemore (D.R.) (2009), 336 Sask.R. 110; 2009 SKQB 306, refd to. [para. 87].

R. v. Pontello, [1977] O.J. No. 1624 (C.A.), refd to. [para. 87].

Counsel:

D. Mann and C. Sholdice, for the Crown;

J. Ostapiw, for the accused.

This application was heard by Sandhu, P.C.J., of the Manitoba Provincial Court, who delivered the following judgment on February 2, 2012.