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Establishing ‘pattern of repetitive behaviour’ key in dangerous offender appeal

Thursday, June 01, 2017 @ 2:41 PM | By Amanda Jerome

A dangerous offender designation has been overturned by the British Columbia Court of Appeal after the appellant disputed the designation “on the basis that his conduct did not form the ‘pattern of repetitive behaviour’ required by the Criminal Code.”

In R. v. Walsh 2017 BCCA 195, Justice Elizabeth Bennett wrote: “In my view, the sentencing judge [Justice Elizabeth Arnold-Bailey] erred in law by applying the wrong legal test in ascertaining whether there was a pattern of repetitive behaviour. She looked at superficial similarities, as opposed to examining the...