R. v. Lalo (C.), 2004 NSSC 154

• Judge: Robertson, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: June 24, 2004
• Jurisdiction: Nova Scotia
• Citations: 2004 NSSC 154;(2004), 225 N.S.R.(2d) 344 (SC)

R. v. Lalo (C.) (2004), 225 N.S.R.(2d) 344 (SC);

 713 A.P.R. 344

MLB headnote and full text

Temp. Cite: [2004] N.S.R.(2d) TBEd. AU.009

Her Majesty The Queen (Crown) v. Cesar Lalo (defendant)

(CR 193858; CR 193871; 2004 NSSC 154)

Indexed As: R. v. Lalo (C.)

Nova Scotia Supreme Court

Robertson, J.

August 4, 2004.

Summary:

The accused paedophile was a child molester found guilty of numerous sexual offences against 15 male children. He acknowledged sexual offences against 29 children over a 16 year period ending in 1989. The Crown applied to have the accused designated a dangerous offender subject to indeterminate detention. Both sides agreed that the issue was whether there was a reasonable possibility of eventually controlling the risk to the community of the accused reoffending when released (i.e. long-term offender rather than dangerous offender).

The Nova Scotia Supreme Court designated the accused a long-term offender and imposed a total determinate sentence of nine years' imprisonment (less 47 months' credit for 23.5 months' pre-trial custody), followed by a strict 10 year supervision order upon release.

Editor's Note: Certain names in the following judgment have been initialized or the judgment 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 6503.1

Dangerous or long-term offenders - Detention - General - Long-term offender defined - The accused paedophile was a child molester found guilty of numerous sexual offences against 15 male children - He acknowledged sexual offences against 29 children over a 16 year period ending in 1989 - The Crown applied to have the accused designated a dangerous offender - The issue was whether there was a reasonable possibility of eventually controlling the risk to the community of the accused reoffending when released (i.e. long-term offender rather than dangerous offender) - The Nova Scotia Supreme Court designated the accused a long-term offender and imposed a total determinate sentence of nine years' imprisonment (less 47 months' credit for 23.5 months' pre-trial custody), followed by a strict 10 year supervision order upon release - Paedophilia was not curable, but was manageable with medication suppressing the sexual drive - The accused was now 64, would be 70 when eligible for release and 80 when his supervision order ended - Given his advanced age and the mandatory pharmacological treatment (chemical castration) which he consented to and would be enforced, the actuarial risk of reoffending upon release was approaching zero.

Criminal Law - Topic 6553

Dangerous or long-term offenders - Detention - Protection of the public - Brutality of predicate offence - The accused paedophile was convicted of numerous sexual offences against 15 male children - The Crown submitted that the offences involving anal rape or attempted anal rape was behaviour of a "brutal nature" under s. 753(1)(a)(iii) of the Criminal Code - The Nova Scotia Supreme Court stated that "[the accused's] conduct although course, crude and totally egregious in the nature of the sexual acts themselves perpetrated against these children is not accompanied by other acts of violence against these children sufficient to raise his conduct to the level of behaviour contemplated by s. 753(1)(a)(iii)" - See paragraphs 9 to 13.

Criminal Law - Topic 6574

Dangerous or long-term offenders - Detention - Sentencing - Considerations - [See Criminal Law - Topic 6503.1 ].

Criminal Law - Topic 6577

Dangerous or long-term offenders - Detention - Sentencing - Community or long-term supervision order - [See Criminal Law - Topic 6503.1 ].

Cases Noticed:

R. v. Langevin (1984), 3 O.A.C. 110; 11 C.C.C.(3d) 336 (C.A.), refd to. [para. 10, footnote 1].

R. v. Antonius (M.A.), [2000] B.C.T.C. 1086 (S.C.), affd. (2002), 182 B.C.A.C. 172; 300 W.A.C. 172 (C.A.), leave to appeal denied (2003), 321 N.R. 399 (S.C.C.), refd to. [para. 11, footnote 2].

R. v. Johnson (J.J.) (2003), 308 N.R. 333; 186 B.C.A.C. 161; 306 W.A.C. 161 (S.C.C.), refd to. [para. 13, footnote 3].

R. v. Payne (L.M.), [2001] O.T.C. 15 (Sup. Ct.), refd to. [para. 15, footnote 4].

R. v. E.E., [2003] O.T.C. 314 (Sup. Ct.), refd to. [para. 15, footnote 5].

R. v. Neve (L.C.) (1999), 237 A.R. 201; 197 W.A.C. 201; 137 C.C.C.(3d) 97 (C.A.), refd to. [para. 18, footnote 6].

R. v. Shrubsall (W.C.) (2001), 199 N.S.R.(2d) 314; 623 A.P.R. 314 (S.C.), refd to. [para. 23, footnote 7].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 753(1), sect. 753.1, sect. 757 [para. 6].

Authors and Works Noticed:

Hucker, Stephen, The Treatment of Sexual Deviation using a Pharmacological Approach, Journal of Sex Research, vol. 37, No. 3 (August 2000), pp. 248 to 257 [para. 74, footnote 8].

Counsel:

Catherine Cogswell and Robert W. Fetterly, Q.C., for the Crown;

Maurice G. Smith, Q.C., and Luke Merrimen, for the accused.

This application was heard between March 15 and June 24, 2004, at Halifax, N.S., before Robertson, J., of the Nova Scotia Supreme Court, who delivered the following judgment orally on August 4, 2004.