What makes a dangerous offender

The judge has the discretion to refuse to impose an indeterminate sentence where there is a "reasonable expectation" that a determinate sentence "would adequately protect the public, would seem to have potentially increased the number of offenders captured by the regime, it has not changed the nature or characteristics of the group of offenders targeted as dangerous".

The judge must consider intractability at the designation stage. The Crown must prove that the offender's condition is substantially or pathologically intractable.

In determining intractability, the courts have considered the following: [3]. The court must be satisfied that the treatment can be accomplished within a certain time-frame within an LTO order for one to be available.

The judge must determine whether there is a "reasonable possibility of eventual control of the risk in the community, having regard to the whole of the evidence before it". A "reasonable possibility" should not mean "absolute certainty". If there is a possibility, but it is "unlikely that such treatment or control can be effected within the parameters of the appropriate fixed sentence and supervisory conditions in the community", then an LTO is not appropriate.

The finding of a remote possibility does not bar a dangerous offender order. It is not necessary that the sentencing judge finds "absolute intractability" resulting in the offender never being treatable in his lifetime.

There is no need for the Crown to show uncontrollability of the offender. A "reasonable possibility" of controlling the risk must have an air of reality to it and cannot simply be a mere hope.

The crown does not need to refute the possibility that there is a reasonable possibility that the risk to the community will eventually be controlled. In considering the risk to the community, the court may consider past failed attempts at rehabilitation. If the level of supervision is so great as to amount to custody the offender is not likely a candidate for a LTO.

Should an offender be found to meet the definition of "dangerous offender" under s. This determination is not on a standard of balance of probabilities or beyond a reasonable doubt. Determination of an "acceptable level" requires consideration of all factors that can reduce risk to public. Factors include "treatability". This factor does not require that the offender will be "cured" by the treatment or that rehabilitation "might be assured".

There is no expectation that risk be "eradicated" but only must be contained or managed. When relying upon community supervision, the availability of resources to implement the supervision "cannot be uncertain". Otherwise, it would be too "speculative", "preventing any reliable assurance that the unreasonable risks to public safety can be avoided". It will be inappropriate to make an LTO order should the treatment conditions necessary to control the offender end up replicating jail terms.

Section a i requires that the applicant prove: [1]. That changed in when a new law eliminated the practice of multiple murderers being mandated to serve their sentences concurrently. Bruce McArthur, having plead guilty to eight murders, could theoretically be sentenced to 25 years to life eight times over. The recent Dellen Millard cases he was convicted of murdering a complete stranger, Tim Bosma, his father Wayne Millard, and his ex-girlfriend Laura Babcock are an example of someone receiving consecutive sentences.

Millard was convicted of three separate murders and received three separate sentences. Often, a Dangerous Offender classification is pursued for certain people who may not have committed murder but who show a pattern of violent behaviour and are most likely to keep offending. The onus is on the Crown to prove the pattern of violence until three separate convictions have been laid. The recent Tori Stafford case is an example of Dangerous Offender status not working quite how many people think it should.

The Dangerous Offender system is controversial and many have called for reform. Still, under the current system, the worst murderers may have the opportunity to apply for parole but that is a far cry from actual freedom.

Most of them will never get out, Dangerous Offender status or not. Courtney Hardwick is a freelance writer based in Toronto. Violent abuser guilty of causing death of unborn baby 04 November Man convicted of riot and arson offences during the Bristol riots in March 29 October Four sentenced for South Yorkshire drive-by gangland killing 29 October Man jailed for life for murder of former CPS lawyer 27 October Husband who murdered wife with scissors jailed for life 21 October Providing a quality service to victims of bereaved families in terrorist incidents, disasters and multi-fatality cases: Guidance 11 August Householders and the use of force against intruders Violent crime.

Murder 16 March Corporate Manslaughter Violent crime. Homicide Violent crime.