Albert's supreme court denied on Tuesday to overturn the unspecified sentence he gave to dangerous actor Dustin Paxton, agreeing with his trial judge that it put too much danger to the public.
A three-member committee of the Court of Appeal agreed with the then court committee of queen court, Sheilah Martin, that a certain proposal for Paxton would not adequately protect society.
Martin, who has since been promoted twice, once at the Alberta Court of Appeal and more recently in the Supreme Court, ruled in December 2013 that Paxton's risk was too great not to declare him a dangerous perpetrator.
He gave Paxton an indefinite term, which is equivalent to a life sentence.
Paxton would be eligible to ask for a ban after seven years, but as long as a risk remains, it can not be released.
A few dangerous offenders serving unspecified sentences are granted release.
Defense Advisor Alias Sanders had argued that Martin intended to use the wrong test to conclude that Paxton's behavior could not be controlled by a lesser penalty than an indeterminate term.
But the Appeals Judges stated that while Martin was based on a false presumption of trying to fix an unspecified sentence, he examined in detail all the … conviction options, in the light of the evidence, before concluding that an unspecified sentence was justified.
"She conducted her analysis within the framework of the general principles of conviction and bearing in mind the need for adequate public protection," they said in their written decision.
"It has come to the conclusion that a conventional definitive proposal will not protect the public or benefit the appellant. This conclusion can not be achieved in this record."
They noted that Martin had rejected two defense experts who suggested that Paxton's risk
"It came to the conclusion that, from the advantage of the legal model, their views included so many qualifications that they were nothing more than a possibility of final control, not a reasonable possibility of final control," the appeal judges said, agreeing with Crown Prosecutor Sarah Clive, the sentence should stand.
"He found the views of these experts to be promising rather than realistic or reasonable."
Martin declared Paxton as a dangerous actor in December 2013 after condemning him in four categories in February 2012, including the sexual assault and the aggravated assault on the former roommate.
"Given Mr Paxton's cruel behavior, the court will not play with the security of the public," Martin said, delivering the unspecified proposal.
By condemning Paxton to be in charge of his roommate, who can not be named, Martin found that even though Paxton did not explicitly request sexual wishes from the victim, he believed the man's testimony that he had sexual wishes to avoid further malignant physical abuse.
"In essence, she used sex as another weapon of attack," Martin told Paxton, on February 6, 2012, a conviction.
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