Case # 35364
Her Majesty the Queen v. John Melville Steele (April 17, 2014)
The Respondent was convicted of robbery, disguise with intent and failing to comply with probation orders. Crown gave notice of an intention to apply for remand for an assessment report pursuant to section 752.1(1) of the Criminal Code. The assessment would have deemed that the incident constituted “use of violence.” The assessment also would have formed the basis to declare the respondent a dangerous or long-term offender. The trial judge concluded that there was an “implied threat of violence.” The Crown’s application for remand for an assessment was denied. The Court of Appeal dismissed the appeal.