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High Risk Repeat Sex Offender Released


Jester@wraiths.ca

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http://www.globaltvbc.com/high-risk%20sex%20offender%20released%20today%20in%20vancouver/6442737113/story.html?fb_action_ids=10152215243675038%2C10152214448860038&fb_action_types=og.recommends&fb_source=other_multiline&action_object_map=%7B%2210152215243675038%22%3A406191229452187%2C%2210152214448860038%22%3A522860601076682%7D&action_type_map=%7B%2210152215243675038%22%3A%22og.recommends%22%2C%2210152214448860038%22%3A%22og.recommends%22%7D&action_ref_map=%5B%5D

39-year-old Daniel Michael Perrault is at a high-risk to re-offend.

He has been serving a sentence at Kent maximum security prison. While in prison, he has refused treatment and is also on methadone.

Over the past 22 years, Perrault has stomped a man to death, raped a woman after escaping from prison and robbed a shopkeeper while released on parole

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http://www.globaltvb...tion_ref_map=[]

I don't think anything highlights how pathetic our justice system is than this story. Seriously, what the F does someone need to do to be kept behind bars? A prisoner can refuse treatment? wow. Stomped someone to death, escaped prison to commit a rape, gets out on parole and robs a store... but, he's now released? Unbelievable.

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While treatment can only be forced if it's a condition of his sentence (why wasn't it?) the rest is an indication certainly he should have more time added to his original conviction. If that wasn't the case, then I'd be particularly disappointed, but it's hard to tell since the article mentions nothing about the details of why he was in jail to begin with, what his sentence was at that point, when the other instances occurred and if he did get extra time as a result.

Before anyone jumps on my post, they do state a high-risk to re-offend so I'd prefer something better be mandated as a part of his rehabilitation. It doesn't suggest the following is likely, but if the incidents mentioned happened in, say, the first 10 years of the 22 mentioned, then it is possible he's improved as a part of his incarceration.

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There's something in "high risk repeat" and "released" that just don't work for me. Especially in seeing the violent nature of his crimes ("stomped to death" is another tough one for me to swallow in considering that he's not behind bars).

Better believe if I was at the receiving end of this guy's "to do" list after his rap sheet and subsequent release, there'd be some 'splainin' to do. Like to a lawyer.

Honestly, our streets should be safe and allowing these guys to wander free doesn't really support that (at all). If you refuse to receive treatment then you should be refused release until those conditons are met. Why do these guys get options??

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If he had been convicted of murder, he would not be getting out because the only punishment for committing first or second degree murder in Canada is life imprisonment - it is a mandatory minimum sentence and there is no other possible sentence.

While he would be eligible to apply for parole at some point even if sentenced to life, with this sort of an assessment of danger to the public he would never be released - think Clifford Olsen, Paul Bernardo, Robert Pickton, etc.

There are laws and procedures to designate an accused as a dangerous or long term offender as set out in Part XXIV of the Criminal Code. In that case an indeterminate sentence can be imposed (these designations do not apply to murderers because they are already serving what amounts to an indeterminate sentence) and the dangerous or long term offender remains incarcerated until he is no longer considered a danger. The Supreme Court of Canada has found such indeterminate sentences to not be in violation of the Charter. In the facts here a Dangerous Offender desigantion would have been the most likely process. In this case applications have not been brought at his prior trials to so designate him.

A Crown attorney may present a dangerous offender application after an offender has been found guilty, but before sentencing. However, if new evidence comes to light, an application can be made up to six months after sentencing.

The initial long-term offender application must be submitted before sentencing. It cannot therefore be submitted once the offender has begun serving his or her sentence. However, a long-term offender application that has been converted from a dangerous offender application by the court may be submitted after sentencing.

For more detail see the link noted below:

The Dangerous Offender and Long-Term Offender Regime

Purpose of the Regime

The provisions applicable to offenders presenting a high risk of recidivism are set out in Part XXIV of the Criminal Code (the Code). It is important to note that these rules apply at the sentencing stage on application by the prosecutor after conviction.

The primary objective of this regime is thus to protect the public from offenders who have committed serious sexual or violent offences (except murder) and continue to pose a threat to society. A very high proportion of these criminals have committed sexual offences.

Within this very limited group, dangerous offenders are, by definition, considered more likely to reoffend than are long-term offenders. Thus, a long-term offender could, after being sentenced to a term of imprisonment of two years or more, be released under the conditions of a long-term supervision order; by contrast, unless a judge directs otherwise, a dangerous offender will have to serve a prison sentence of indeterminate length.

http://www.parl.gc.c...s/prb0613-e.htm

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^ He was still a youth when he stomped the old man to death. He was an adult when he committed the rape and the robbery though.

Nonetheless of how the facts of the case played out a very dangerous highly likely to re-offend person is about to be walking our streets. Go justice system!

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^ He was still a youth when he stomped the old man to death. He was an adult when he committed the rape and the robbery though.

Nonetheless of how the facts of the case played out a very dangerous highly likely to re-offend person is about to be walking our streets. Go justice system!

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