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DANGEROUS AND LONG-TERM OFFENDERS - Serious personal injury offence - Remand for assessment

Monday, March 26, 2018 @ 11:17 AM  

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Application by the Crown to have the accused remanded for an assessment that it intended to use as evidence on an anticipated application to have the accused declared a dangerous offender. The accused had been convicted of criminal harassment on the basis he repeatedly asked a 13-year-old child he did not know to come to his apartment. The complainant ran away from the accused. There had been no overt violence and no finding that the accused had threatened the complainant. The accused had a lengthy criminal record, including convictions for sexual and non-sexual violent offences.

HELD: Application dismissed. The offence of criminal harassment did not necessarily constitute a serious personal injury offence, although it could in some cases. The accused’s criminal history was irrelevant to the issue of whether the offence he was convicted of was a serious personal injury offence. It was inappropriate to speculate as to what might have happened if the complainant reacted differently than she had. While the complainant had been negatively impacted, there was no evidence of actual or likely severe psychological damage. The criminal harassment as committed by the accused did not meet the definition of a serious personal injury offence.

R. v. Singh, [2018] O.J. No. 852, Ontario Superior Court of Justice, P.A. Schreck J., February 9, 2018. Digest No. TLD-March262018003