The Red Deer man who was convicted of sexually assaulting a City senior in 2009 has had his dangerous offender status upheld by the Alberta Court of Appeal.
In 2012, Jesse Toews, 31, was deemed a dangerous psychopath, according to Justice Monica Bast. He was given an indefinite sentence at that time.
He was convicted of aggravated sexual assault against a local senior who was 77-years-old at the time. The incident happened in 2009.
An indeterminate sentence does not specify a length of sentence rather it is based on an inmate’s conduct and the likelihood of reoffending or conducting further violence.
“There was a particular piece of evidence in the hearing regarding whether or not Mr. Toews should be considered a psychopath,” said Bast, at the time of her sentencing in 2012. “After reviewing the materials, it is my finding that he should be considered a psychopath.
“The unprovoked attack on a woman was brutal, coerced, savage and cruel,” said Bast. “I believe he poses a threat and that is based on evidence of Mr. Toews’ proven history. And I believe that there is substantial risk that he will reoffend. Treatment will be possible, but it’s merely a hope for the future.
“My finding of a dangerous offender status has been met.”
She added that is would not be realistic for Toews to live in a halfway house or to be on a peace bond.
“If he was not under 24-hour supervision it wouldn’t protect the public.”
Red Deer defense lawyer Arnold Piragoff who has represented Toews throughout his case asked Bast to make a recommendation that Toews be allowed to serve his time at a psychiatric centre in Saskatoon.
“My client would like to receive treatment. He doesn’t want to go to jail and he has told me that he wants to be a better person when he gets out,” he said.
Bast said it would be inappropriate for her to make such a recommendation.
“There could be a better place for Mr. Toews. I am not going to recommend that he goes to any particular place,” she said.
After the sentencing hearing Crown Prosecutor Anders Quist was pleased with the outcome.
“This was a horrific attack, in broad daylight on an elderly woman. It’s good the court treats serious offences seriously,” he said. ““He will get periodic reviews and the parole board.”
He added the witnesses that testified during Toews’ trial were key.
“We really appreciate the guts of the elderly victim as well as the others who testified during the course of this case.”
Meanwhile, the decision made by the Alberta Court of Appeal concluded that Bast was correct in all of her findings and in her sentencing. The appeal was dismissed.