The province’s highest court reserved its decision Tuesday on whether to grant a man’s request to have his conviction and sentence — including his dangerous offender designation — overturned.
Donald Francis Wilton, 39, was not present at the Saskatchewan Court of Appeal as his lawyer Kevin Hill argued his case.
Wilton was convicted in November 2012 of break, enter and commit sexual assault, Queen’s Bench Justice Guy Chicoine determining Wilton broke into the home of a 13-year-old girl in the summer of 2008 and touched her sides while lying on top of her in his underwear.
Wilton was linked to the incident through DNA found on the clothing left behind.
After he was found guilty, the Crown launched dangerous offender (DO) proceedings, pointing to Wilton’s lengthy criminal record which includes — with the sex assault factored in — 25 convictions related to violent or threatening behaviour.
At the end of January 2015, upon the completion of a hearing, Wilton was deemed a dangerous offender and handed an 8½-year prison sentence, to be followed by eight years community supervision. After receiving credit for remand, he was left with three years, nine months custody going forward.
On Tuesday, Hill argued the verdict was unreasonable, claiming the evidence does not support the conviction. Hill also urged the court to toss out the DO designation on the grounds that the sentencing judge erred in finding the sex assault — Wilton’s first conviction for this type of offence — fits a pattern of previous violent, criminal behaviour.
In terms of the prison sentence, Hill argued the judge erred by effectively tacking on time after considering Wilton would receive parole or statutory release that could start before programming is completed or has taken effect. Hill argued the finding was not backed by evidence when looking at the low numbers of dangerous offenders who statistically receive either form of release.
Hill asked the court to consider imposing a shorter sentence in the range of two to three years — the amount originally requested by defence.
But Crown prosecutor Dean Sinclair argued the verdict was reasonable, that the sex assault does fit into an overall pattern of general violence committed by Wilton, and that Chicoine did not err by taking the possibility of parole or statutory release into account when sentencing.
Sinclair said he is aware of instances in which offenders have received early release while midway through programming — a potentially significant issue given that programming was deemed necessary to help manage Wilton’s risk once released.
