Nova Scotia Court of Appeal
Citation: R. v. A.H., 2018 NSCA 47
Date: 20180606
Docket: CAC 465864
Registry: Halifax
Between:
Her Majesty the Queen
Appellant
v.
A.H.
Respondent
Restriction on Publication: s. 486.4 of the Criminal Code
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Judge: |
The Honourable Chief Justice J. Michael MacDonald |
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Appeal Heard: |
April 12, 2018, in Halifax, Nova Scotia |
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Subject: |
Criminal Law; dangerous offender application, request to extend remand time to complete assessment |
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Summary:
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A court cannot impose a dangerous (or long-term) offender designation without an expert assessment. This is achieved by remanding the offender to the appropriate psychiatric facility for a period not to exceed 60 days. In this matter, a remand was ordered but the 60-day time limit passed without the assessment being completed. The Crown appeals the sentencing judge’s refusal to extend that deadline. |
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Issue: |
Did the judge commit reversible error by denying the Crown’s request to extend the remand time in order to complete the assessment? |
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Result: |
Appeal dismissed. There was no need to interfere with the judge’s discretionary decision to deny the extension. |
This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 13 pages.