Dangerous offender hearing won’t be until 2019
By Jeremy Appel on October 27, 2018.
jappel@medicinehatnews.com @MHNJeremyAppel A dangerous offender hearing for Michael Delmas, who’s been convicted of six sex crimes in the past 11 years, will likely wait until the new year, according to the judge. Brooks Provincial Court heard arguments Friday on whether there’s sufficient grounds to proceed with the hearing, which Judge Gordon Krinke said there was. The Crown’s position is since Delmas has been convicted of more than two primary designated offences and will likely receive more than two years behind bars, there are grounds to proceed with a dangerous offender hearing. Delmas committed five sexual crimes — including sexual interference with a minor — in 2010, while he was out on a statutory release from a 2007 sexual assault conviction, prosecutor Connor Doyle observed. “The series of offences creates a course of conduct,” he said. The Crown cited a 2011 psychological assessment conducted while Delmas was in prison that said “there are reasonable grounds to believe” he will re-offend. Defence lawyer Allan Fay said this assessment from seven years ago is too outdated to be factored into consideration on whether Delmas is a dangerous offender. “There must be something more recent, (which) requires more than the Crown was able to produce here,” said Fay. Krinke has a more recent psychological assessment in his possession that remains sealed. With regards to whether there is sufficient reason to proceed with the hearing, Fay said the Crown is treating a two-year sentence as a “foregone conclusion.” Fay contends the sexual assault for which Delmas was convicted in June wasn’t major enough to warrant a sentence of that length. Delmas was convicted of pinning the victim to the floor after she sat on the ground to avoid his advances. However, the accused had difficulty getting an erection and there was no “vaginal contact” nor an attempt to receive oral sex, Fay said. “There’s a high likelihood that the sentence imposed for this offence will be more than two years,” Krinke responded, citing Delmas’ extensive prior record for similar crimes. “I dispute the assertion that this isn’t a major sexual assault.” A hearing date will be set Nov. 22. 18
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