R. v. D.F.W., 2015 SKQB 30

Judge:Chicoine, J.
Court:Court of Queen's Bench for Saskatchewan
Case Date:January 27, 2015
Jurisdiction:Saskatchewan
Citations:2015 SKQB 30;(2015), 468 Sask.R. 185 (QB)
 
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R. v. D.F.W. (2015), 468 Sask.R. 185 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. MR.010

Her Majesty the Queen v. D.F.W.

(2011 NJ No. 41; 2015 SKQB 30)

Indexed As: R. v. D.F.W.

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Chicoine, J.

January 27, 2015.

Summary:

The accused was charged with break and enter and committing therein the indictable offence of sexual assault.

The Saskatchewan Court of Queen's Bench, in a decision reported at [2012] Sask.R. Uned. 163, found the accused guilty. The Crown sought an order pursuant to s. 753 of the Criminal Code declaring the accused to be a dangerous offender, and imposing a determinate sentence of detention in a jail to be followed by supervision in the community pursuant to a long-term supervision order, in lieu of any other sentence that might be imposed.

The Saskatchewan Court of Queen's Bench allowed the Crown's application, found the accused to be a dangerous offender and sentenced him to eight years and six months' imprisonment followed by a long-term supervision order of eight years.

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 - General - Dangerous offender - Defined - The accused was convicted of break and enter and committing therein the indictable offence of sexual assault - The Crown sought an order pursuant to s. 753 of the Criminal Code declaring the accused to be a dangerous offender, and imposing a determinate sentence of detention in a jail to be followed by supervision in the community pursuant to a long-term supervision order, in lieu of any other sentence that might be imposed - 38 years old - Difficult childhood - Difficulty managing his anger - No symptoms of major mental illness - Lengthy criminal record dating back to when he was 13 years old, involving several violent offences - The Saskatchewan Court of Queen's Bench allowed the Crown's application - The offence of break and enter a dwelling house and commit sexual assault was clearly a "serious personal injury offence" because it was an indictable offence which involved the use of violence against another person and for which the offender could be sentenced to imprisonment for more than 10 years - The threshold requirement had been met (Criminal Code s. 753(1)(a)(i)) - Further, the accused had a long and violent criminal history (18 violent offences before the predicate offence and four after) - He had shown a pattern of persistent aggressive behaviour which showed a lack of restraint and remained a real risk to cause death or injury to others (s. 753(1)(a)(ii)) - The accused was a dangerous offender as defined in s. 753(1) - The court sentenced him to eight years and six months' imprisonment followed by a long-term supervision order of eight years.

Criminal Law - Topic 6552

Dangerous or long-term offenders - Detention - Protection of the public - Pattern of repetitive behaviour - [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 ].

Criminal Law - Topic 6563

Dangerous or long-term offenders - Detention - Protection of the public - Indifference respecting consequences of behaviour to others - [See Criminal Law - Topic 6503 ].

Criminal Law - Topic 6574

Dangerous or long-term offenders - Detention - Sentencing - Considerations - [See Criminal Law - Topic 6503 ].

Criminal Law - Topic 6575

Dangerous or long-term offenders - Detention - Sentencing - Sentence - [See Criminal Law - Topic 6503 ].

Cases Noticed:

R. v. Knife (F.J.) (2013), 421 Sask.R. 133; 2013 SKQB 197, refd to. [para. 138].

R. v. Steele (J.M.) (2014), 463 N.R. 125; 310 Man.R.(2d) 236; 618 W.A.C. 236; 2014 SCC 61, refd to. [para. 145].

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161; 171 D.L.R.(4th) 385, refd to. [para. 148].

R. v. Corbiere (P.L.), [2012] O.T.C. Uned. 2405; 2012 ONSC 2405, refd to. [para. 152].

R. v. French (C.) (2012), 322 N.S.R.(2d) 315; 1021 A.P.R. 315; 2012 NSPC 96, refd to. [para. 152].

R. v. L.L.G. (2011), 273 Man.R.(2d) 207; 2011 MBQB 269, refd to. [para. 152].

R. v. McLean (G.R.) (2002), 225 Sask.R. 122; 2002 SKQB 392, refd to. [para. 157].

R. v. Haug (D.W.) (2006), 278 Sask.R. 28; 2006 SKQB 140, refd to. [para. 157].

R. v. E.E.D. (2007), 304 Sask.R. 192; 413 W.A.C. 192; 2007 SKCA 99, refd to. [para. 157].

R. v. Badger (S.D.) (2013), 430 Sask.R. 137; 2013 SKQB 347, refd to. [para. 157].

R. v. Papequash (A.D.) (2013), 431 Sask.R. 24; 2013 SKQB 369, refd to. [para. 157].

Counsel:

Roger V. De Corby, for the Crown;

Kevin D. Hill, for the offender.

This case was heard by Chicoine, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following sentencing decision on January 27, 2015.

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