What is a Dangerous Offender Application?
Under Part XXIV of the Criminal Code, a Crown can bring an application to have an offender deemed as dangerous. The Application process involves an assessment, during which a forensic psychiatrist conducts a risk assessment on the offender. Should the expert’s report reveal that there is a medium to high risk that the offender will criminally re-offend in the future, the Crown will likely ask the court for a dangerous offender designation. In naming someone a dangerous offender, a court must be satisfied that the offender constitutes a threat to the life, safety or physical or mental well-being of other persons, on the basis of a pattern of repetitive or persistent aggressive behaviour, brutal behaviour, or sexual misconduct (s.753(1)(a) and (b)).
What is a Dangerous Offender (DO)?
If you have been convicted of three “serious personal injury offences”, and have previously served the equivalent of a two-year sentence, the Crown can apply to have you designated as dangerous. A dangerous offender finding can result in imprisonment for an indeterminate period of time, likely for the rest of the individual’s life. Even if you receive a lesser sentence, the designation will forever remain.
What is a Long-Term Offender (LTO) and a Long-Term Supervision Order (LTSO)?
The LTO designation addresses offenders who are not captured by the DO provisions. The Crown can apply for an LTO designation from the outset, or it can be imposed by the court if the court finds that the evidence falls short of the legal test for a DO designation. The LTO provisions target sexual and violent offenders who, on the evidence, are likely to reoffend. The court can designate an offender an LTO where:
- a sentence of two or more years is appropriate for the current offence;
- the offender poses a substantial risk of reoffending and causing serious harm; and
- there is a reasonable possibility they can eventually be controlled in the community.
A LTSO often attaches as part of an LTO’s sentence. A LTSO is a set of conditions prescribed by the Parole Board for a period of time assigned by the court.
An offender can apply to the Superior Court of Justice to have an LTSO terminated or varied. The lawyers at Lockyer Zaduk Zeeh are among the only lawyers in the country to have sought this remedy.
An offender who is suspected of breaching their conditions can be charged with a new criminal offence (or offences) and will have their release suspended, meaning that they will be returned to jail pending the outcome of the charges. Individuals found guilty of breaching their LTSO often face lengthy periods of reincarceration.
Toronto Dangerous and Long-Term Offender Lawyer?
Lockyer Zaduk Zeeh have represented people facing dangerous and long-term offender hearings in Toronto, and all other Ontario cities such as Brampton, Oshawa, Newmarket, Hamilton and Barrie. These hearings are complex, and their severity is extremely high. The lawyers at LZZ understand this and will ensure to give you the best defence to ensure you maintain your freedom.
Please contact LZZ – Brampton dangerous offender hearing lawyers – to ensure you have an experienced counsel fighting for your freedom.