Court of Appeal of Quebec

Francoeur c. R.

November 27, 2018

500-10-006083-164

Kasirer, Bélanger, Savard

Appeal from a judgment of the Court of Quebec declaring the appellant a dangerous offender and sentencing him to an indeterminate period of detention. Dismissed.

There are two stages to considering an application to have a person declared a dangerous offender: the designation stage and the penalty stage. At the designation stage, the judge must assess the future risk that the offender poses. The application of the presumption established under section 753(1.1) of the Criminal Code (R.S.C. 1985, c. C-46) does not exempt the judge from this exercise. In this case, the trial judge erred in law by failing to conduct a prospective analysis of the appellant’s dangerousness at this stage. This error is of no consequence, however, because he addressed the issue at the penalty stage, and the evidence adduced in this respect justified declaring the appellant a dangerous offender.

Moreover, the appellant failed to demonstrate that the judge’s finding that there was nothing in the record to support a conclusion that a measure less onerous than imprisonment for an indeterminate period would sufficiently protect the public, was unreasonable or wrong.

*Summary by SOQUIJ
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