R. v. Gaudry (R.E.), (1996) 186 A.R. 91 (ProvCt)

• Judge: Chisholm, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: July 18, 1996
• Citations: (1996), 186 A.R. 91 (ProvCt)

R. v. Gaudry (R.E.) (1996), 186 A.R. 91 (ProvCt)

MLB headnote and full text

Her Majesty The Queen v. Robert Earl Gaudry

(Docket No. 50106814P10101-05)

Indexed As: R. v. Gaudry (R.E.)

Alberta Provincial Court

Judicial District of Edmonton

Chisholm, P.C.J.

July 18, 1996.

Summary:

The accused pleaded guilty to assault causing bodily harm and unlawful confine­ment, contrary to ss. 267(1)(b) and 279(2) of the Criminal Code. The Crown applied under s. 753 to have the accused declared to be a dangerous offender on the basis of (1) a pattern of repetitive behaviour showing a failure to restrain his behaviour, leading to a likelihood of future death or injury to other persons (s. 753(a)(i)) or (2) a pattern of persistent aggressive behaviour showing a substantial degree of indifference respecting the consequences of his behaviour to other persons (s. 753(a)(ii)). A further issue was whether the accused should be sentenced to determinate or indeterminate imprisonment.

The Alberta Provincial Court found the accused to be a dangerous offender and sentenced him to an indeterminate period of detention.

Criminal Law - Topic 6503

Dangerous offenders - Detention - Dan­gerous offender defined - [See Criminal Law - Topic 6562 ].

Criminal Law - Topic 6562

Dangerous offenders - Detention - Pro­tection of the public - Aggressive behav­iour - The 32 year old accused pleaded guilty to assault causing bodily harm and unlawful confinement - Victim was his present common law spouse - Tenth con­viction for assaulting her - Eighteenth violence-related conviction since 1989 - Of the accused's total of 37 convictions, most related to domestic violence to com­mon law spouses and peace officers, friends, health care professionals, etc., who tried to intervene - Accused totally domi­nated and controlled the lives of the two common law spouses - No remorse - History of being jailed and reoffending a short time after release - Accused never took advantage of recommended therapy and treatment programs - Accused abused alcohol and himself came from an abusive family - Unemployed and on social assist­ance for last eight years - Both common law unions involved long-term repetitive acts of violence - Both feared the accused upon his release - Medical evidence opined that the accused was a high risk to re-offend against current or future female companions without long-term treatment - The Alberta Provincial Court held that the accused was a danger­ous offender under ss. 753(a)(i) and (ii) of the Criminal Code - Where the time needed to treat the accused exceeded what would be a fit determinate sentence, the court held that the appropri­ate disposition was an indeter­minate sen­tence.

Criminal Law - Topic 6575

Dangerous offenders - Detention - Sen­tencing - Sentence - [See Criminal Law - Topic 6562 ].

Cases Noticed:

R. v. Lyons, [1987] 2 S.C.R. 309; 80 N.R. 161; 82 N.S.R.(2d) 271; 207 A.P.R. 271; 37 C.C.C.(3d) 1, affing. (1984), 65 N.S.R.(2d) 29; 147 A.P.R. 29; 15 C.C.C.(3d) 129 (C.A.), refd to. [para. 206].

R. v. Carleton, [1981] 6 W.W.R. 148; 32 A.R. 181; 69 C.C.C.(2d) 1; 23 C.R.(3d) 129 (C.A.), refd to. [para. 207].

R. v. Jones (S.), [1994] 2 S.C.R. 229; 166 N.R. 321; 43 B.C.A.C. 241; 69 W.A.C. 241, refd to. [para. 209].

R. v. Sowa (L.T.) (1991), 72 Man.R.(2d) 15 (Q.B.), disagreed with [para. 210].

R. v. Pontello (1977), 38 C.C.C.(2d) 262 (Ont. C.A.), refd to. [para. 210].

R. v. Merrifield, [1991] Ont. D. Crim. Sent. 7012-001; 12 W.C.B.(2d) 732 (Gen. Div.), refd to. [para. 215].

R. v. R.R.W., [1991] Ont. D. Crim. Sent. 7012-02; 14 W.C.B.(2d) 54 (Gen. Div.), refd to. [para. 215].

R. v. Dwyer (1977), 16 N.R. 622; 6 A.R. 625; 34 C.C.C.(2d) 293 (S.C.C.), refd to. [para. 216].

R. v. Crosby (1982), 1 C.C.C.(3d) 233 (Ont. C.A.), refd to. [para. 217].

R. v. Currie (R.O.R.) (1995), 86 O.A.C. 143; 103 C.C.C.(3d) 281 (C.A.), refd to. [para. 218].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 753(a) [para. 7].

Authors and Works Noticed:

Dutton, The Batterer, generally [para. 145].

Counsel: [not disclosed]

This application was heard before Chis­holm, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on July 18, 1996.