BRITISH COLUMBIA
Supreme Court

BRITISH COLUMBIA - Supreme Court: R v. L.T.P. [2001] B.C.J. No. 1706 BCSC 1199

FACTS:  The purpose of this case was to determine whether L.T.P., who had previously been found guilty of sexual assault, was a dangerous offender. Pending the designation, the Crown wished to implement an indeterminate term of incarceration.  Evidence presented during the trial included L.T.P.'s extensive criminal record, as well as the results of a psychological assessment.  Dr. Lamba, who conducted the evaluation, reported that L.T.P. suffered from a variety of disorders and was very likely to re-offend.  Even though L.T.P. exhibited symptoms similar to those associated with FAS, Dr. Lamba did not put forth such a diagnosis, as this condition is difficult to positively identify in adults.  Dr. Joseph Noone, a forensic psychiatrist, also suspected the possibility that L.T.P. suffered from FAS, but insisted that more tests would be required to support a formal diagnosis.  Dr. Noone noted that similar symptoms could stem from head trauma and a history of alcohol abuse.

HELD:  On account of his criminal background and his high risk of recidivism, the sentencing judge ruled that L.T.P. was a dangerous offender. As such, the judge sentenced L.T.P. to be incarcerated for an indeterminate period of time.