Precedent - Application for Dangerous Offender Designation

TAKE NOTICE that, pursuant to the provisions Of Part VIV of the Criminal Code, an application will be made on behalf Of the Attorney General of [PROVINCE] before the [JUSTICE/JUDGE] at the [LOCATION] beginning on [DATE AND TIME] or as soon thereafter as may be determined, for an Order pursuant to section 753 of the Criminal Code declaring [ACCUSED] to be a Dangerous Offender and Imposing a sentence of detention in a penitentiary for an indeterminate period in lieu of any sentence that might be imposed upon them in respect Of:

[LIST OFFENCES]

AND FURTHER TAKE NOTICE that the basis on which this application is made is as follows:

That the above offence constitutes a serious personal injury offence as described in section 752 of the Criminal Code and that Brian James Marriott constitutes a threat to the life, safety or physical or mental well-being Of Other persons on the basis Of evidence establishing a pattern of repetitive behaviour by the offender, Of which the Offence for which he has been convicted forms a part, showing a failure to restrain his behaviour and a likelihood of cause death or injury to Other persons or inflicting severe psychological damage on other persons through the failure to restrain his behaviour;
That the above offence constitutes a serious personal injury offence as described section 752 of the Criminal Code and that, [ACCUSED NAME], constitutes a threat to the life, safety or physical or mental wellbeing Of Other persons on the basis Of evidence establishing a pattern of persistent aggressive behaviour Of which the offence for Which he has been convicted forms a part, showing a substantial degree Of indifference respecting the reasonably foreseeable consequences to other persons of his behaviour.

AND FURTHER TAKE NOTICE that in support of this application, the Crown will be tendering such further and relevant evidence as counsel may advise and this Honourable Court may permit, without limiting the generality of the forgoing, the evidence in support of this application Will include the following:

PREDICATE OFFENCE

TO Which [ACCUSED] has [pled guilty/found guilty] and for which he is pending sentence before [JUDGE/JUSTICE NAME] in the [LEVEL OF COURT]. Without limiting the specifics Of the evidence relied upon, the Crown Will rely on:

An Agreed Statement Of Facts dated [DATE]
This Court's decision: [CITATION]
etc.

CRIMINAL HISTORY

The Crown will present in relation to this part found in the Crown documents entitled [NAME OF VOLUME]. We will also file CPIC and [other police records].

BACKGROUND INFORMATION

Facts in relation to various incidents and patterns of behaviour and general background including the character Of [ACCUSED NAME] that will include evidence of past convictions, pre-sentence reports and the reports Of psychiatrists who have interviewed the accused. Some Of this information is found in the Crown documents entitled [NAME OF VOLUME].

The evidence that the Crown will present in relation to this part is also found in the Crown volume of documents entitled [NAME OF VOLUME]. These binders contain facts related to the general background as related the following Correctional Service Of Canada Files:

Psychology Assessment
Discipline and Dissociation
Case Management
Casework Record
Sentence Management
Healthcare records
Preventative Security
Education and Training
Visits and Correspondence
Admissions and discharges
Employment

EXPERT EVIDENCE

The Court has received an assessment from forensic psychiatrist [NAME OF EXPERT] dated [DATE]. This report is to be used as evidence by virtue Of section 752.1(1) Of the Criminal Code, together With a copy Of the proposed expert's curriculum vitae. It is the intention Of the Crown to seek to introduce the experts opinion with respect to various issues incluiding: Issues, including but not limited to:

patterns of behaviour
inability to control his violent impulses
indifference toward the consequences of his behaviour to other persons
risk to the community

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.