R. v. D.M., (1995) 136 Sask.R. 135 (QB)

• Judge: Dielschneider, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 06, 1995
• Jurisdiction: Saskatchewan
• Citations: (1995), 136 Sask.R. 135 (QB)

R. v. D.M. (1995), 136 Sask.R. 135 (QB)

MLB headnote and full text

Her Majesty The Queen v. D.M.

(1994 Q.B.C.N.J. No. 117)

Indexed As: R. v. D.M.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Dielschneider, J.

October 6, 1995.

Summary:

An accused pleaded guilty to a breach of recognizance, aggravated assault, aggravated sexual assault, unlawful confinement, assault with a weapon and two counts of threatening to cause death. The Crown applied to have the accused declared a dangerous offender and to have him sentenced to serve an inde­terminate period of time.

The Saskatchewan Court of Queen's Bench allowed the application and sentenced the accused to an indeterminate term in a federal penitentiary. On two counts falling outside the ambit of a serious personal injury offence, the court sentenced the accused to a concurrent sentence of 90 days' imprison­ment.

Criminal Law - Topic 6505

Dangerous offenders - Detention - Appli­cation - General - The Saskatchewan Court of Queen's Bench reviewed Criminal Code provisions respecting an application to have an accused declared a dangerous offender - See paragraphs 4 to 16.

Criminal Law - Topic 6558

Dangerous offenders - Detention - Pro­tection of the public - Dangerous sexual offender - [See Criminal Law - Topic 6575 ].

Criminal Law - Topic 6575

Dangerous offenders - Detention - Sen­tencing - Sentence - An accused pleaded guilty to seven criminal offences com­mitted upon the person of the complainant, his former common law spouse, and his 2.5 month old son - The accused held the complainant and child in confinement - Raped the complainant - Incidents of torture included hanging the complainant and child and ripping open the complain­ant's vagina area and sewing her up with­out anaesthetic - After several hours, the complainant and child escaped - Criminal record of some 70 convictions, including a series of assaults and sexual assaults which emanate from and form part of a behaviourial pattern that has become in­creasingly violent, aggressive and belliger­ent - The Saskatchewan Court of Queen's Bench concluded that the accused was a dangerous offender and sentenced him to an indeterminate term in a federal peniten­tiary.

Cases Noticed:

R. v. Carleton (1981), 32 A.R. 181; 69 C.C.C.(2d) 1 (C.A.), affd. [1983] 2 S.C.R. 58; 52 N.R. 293; 47 A.R. 160; 6 C.C.C.(3d) 480, refd to. [para. 13].

R. v. Moore (1985), 7 O.A.C. 33; 16 C.C.C.(3d) 328 (C.A.), refd to. [para. 13].

R. v. Noyes, [1991] B.C.D. Crim. Conv. 5735-01; 1 B.C.A.C. 81; 1 W.A.C. 81 (C.A.), refd to. [para. 13].

R. v. Jackson (1981), 46 N.S.R.(2d) 92; 89 A.P.R. 92; 61 C.C.C.(2d) 540 (C.A.), refd to. [para. 14].

R. v. Hall (1981), 32 A.R. 320; 63 C.C.C.(2d) 535 (C.A.), leave to appeal refused (1982), 42 N.R. 326; 35 A.R. 450 (S.C.C.), refd to. [para. 16].

R. v. Milne (1982), 66 C.C.C.(2d) 544 (B.C.C.A.), refd to. [para. 16].

R. v. Crosby (1982), 1 C.C.C.(3d) 233 (Ont. C.A.), refd to. [para. 16].

R. v. Khan (A.), [1990] 2 S.C.R. 531; 113 N.R. 53; 41 O.A.C. 353; 59 C.C.C.(3d) 92; 79 C.R.(3d) 1, refd to. [para. 36].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 752 [para. 8]; sect. 753 [paras. 8, 14]; sect. 753(a)(i), sect. 753(a)(ii), sect. 753(a)(iii) [para. 9]; sect. 753(b) [para. 10].

Counsel:

M.K. Miazga, for the Crown;

E.S. Hopley, for the accused.

This application was heard before Dielschneider, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saska­toon, who delivered the following judgment orally on October 6, 1995.