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BRITISH COLUMBIA - Superior Court: R. V. L.T.P. [2005] B.C.J. No. 1066; 2005 BCSC 97 |
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BRITISH COLUMBIA
Superior Court
R. v. L.T.P. [2005] B.C.J. No. 1066; 2005 BCSC 97
http://www.canlii.org/bc/cas/bcsc/2005/2005bcsc97.html
FACTS: Application by the Crown to have LTP declared a dangerous offender. LTP was found guilty of break and enter and sexual assault. He was an Aboriginal person who had recognizable symptoms of Fetal Alcohol Spectrum Disorder. LTP had an extensive criminal record; however, the sexual nature of this crime was out of pattern. The Supreme Court of Canada has clarified the law for determining whether someone is a dangerous offender. A court has to first consider the long-term offender designation before the dangerous offender and indeterminate sentences can be considered. The Crown agreed that the court had erred in this respect and agreed to a new hearing.
In R. v. L.T.P. [2001] B.C.J. No. 1706; 2001 BCSC 1199, LTP was found to be a dangerous offender and sentenced to an indeterminate period of incarceration. At the time there was insufficient information to diagnose LTP with
FAS. The court ruled that even if LTP was diagnosed, it would only explain the cause; it would not provide a prognosis on treatment or violence.
HELD: Application was dismissed. LTP was designated a long term offender and sentenced to time served plus 4 years imprisonment with 10 years of community supervision. While he had a high risk to re-offend, the courts' greater understanding of his disorder (FAS) led to the conclusion that there is potential for treatment. The sexual nature of the crime was not a part of his pattern and he had recently demonstrated the desire for rehabilitation.
GLADUE: His Aboriginal background was also considered. Gladue gives greater weight to restorative justice. But it also states that separation, denunciation, and deterrence are also important with some serious offences. In LTP's case, these were serious crimes, thus denunciation and deterrence were more important.
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