Sex offender faces possibility of indeterminate sentence as lawyers get set to make arguments

Superior Court Justice Edward Gareau will hear arguments next month from the Crown and defence on whether a Sault Ste. Marie man with a lengthy criminal record for violence should be declared a dangerous offender.

If David Carrie receives that designation the 49-year-old will be be locked up behind bars in a federal penitentiary for an indeterminate period of time.

His indefinite prison term would only end when it is decided he no longer presents a risk to the public.

A jury convicted Carrie of sexual assault, assault with a weapon and assault causing bodily harm four years ago for attacks on a woman that occurred in December 2010.

During the trial, the court heard he raped the 36-year-old victim, whose identity is protected by a publication ban, choked her and punched her in the head and struck her legs with a wooden stick.

The assaults took place after the pair had been awake for two days doing drugs, Gareau and the jurors were told.

Following the convictions for the offences, the Crown filed an application to have Carrie deemed a dangerous offender.

Gareau began hearing evidence at a hearing last September and again in December. 

The hearing resumed this week and the judge heard from one final witness before scheduling three days (March 29, 30 and 31) to hear submissions from the lawyers.

Toronto lawyer Anik Morrow is Carrie's counsel while assistant Crown attorneys Crystal Tomusiak and Guy Roy are the prosecutors.

During the hearing, Gareau heard from numerous witnesses including a forensic psychiatrist, a forensic psychologist, jail chaplains and members of Carrie's family.

On Wednesday, forsensic psychiatrist  Dr. Philip Klassen,  a Crown witness who testified earlier in the hearing, was back on the stand to reply to evidence given in December by a forensic psychologist called by the defence.

Klassen assessed Carrie, whom he diagnosed with an anti-social personality disorder, three years ago.

With his 35-year criminal history and lifestlyle, testing indicates he is a high risk individual, the psychiatrist said.

Although Carrie has indicated to the psychologist who met with him that he has changed, Klassen said even if Carrie is "completely sincere" it should be described as aspirational.

Even if Carrie's intentions are sincere that he wants to change his lifestyle he has a history of certain behaviour in the community and "despite his aspirations his prior criminal lifestyle could be retriggered," he told the court.

Carrie is older now and Klassen said he expects his risk has declined and will continue to decline for age reasons.

"We know once people get into their 50s, the risk is reduced from what it was in their 40s and 30s before that," he said.

Klassen said Carrie should first undergo significant treatment in custody to build skill levels, then released into a halfway house where he would be monitored before being permitted to live on his own.

Gareau has two other options in sentencing Carrie. 

The judge can decide he is a long-term offender and sentence him to a period of incarceration followed by lengthy community supervision or impose a conventional sentence.

In 2001, Carrie was convicted of beating and raping an 18-year-old woman he terrorized in his apartment after a night of drinking.

He was imprisoned for five years for sexual assault, forcible confinement and assault causing bodily harm.

He was released from prison in 2006 after serving the full sentence.

Carrie, an untreated sex offender, was placed on a 12-month judicial restraining order with strict conditions because he was deemed by correctional officials to be a high risk to reoffend.

He has been on several such orders, which he repeatedly breached, since his release in 2006.