Case # 35310
James Peter Sipos v. Her Majesty the Queen (April 15, 2014)
In 1998, the appellant was declared a dangerous offender and given an indeterminate sentence. The sentencing judge did not first consider the suitability of a long-term offender designation. In 2008, the Court of Appeal for Ontario granted leave to the appellant to re-open an appeal from his sentence. With the Crown’s consent, the appellant filed fresh evidence in the appeal proceedings. The fresh evidence consists of a risk assessment, created in 2010, based on the appellant’s progress since 2000. The risk assessment indicates the possibility the risk he poses can be controlled in the community with supervision. The appeal court found that the trial judge erred by not considering long-term offender provisions.