Man agrees to being labelled as a long term offender

Man agrees to branding as long term offender

A Winnipeg man who choked his stepdaughter while she was sleeping has agreed to be branded a long-term offender.

Yves Ussak will be monitored in the community under parole-like conditions for 10 years following his release from prison. Any breaches could land him back behind bars. The courts have yet to rule on when Ussak will be released from prison.

Ussak has been in custody since 2006, after he grabbed a knife and began choking the young woman. There was no provocation for the attack, in which the woman briefly went unconscious, woke up, screamed for help, and then ran away. She suffered numerous broken blood vessels in her face and eyes but made a full recovery, court was told.

Police arrested Ussak, who was drunk and couldn't explain why he had attacked his stepdaughter.

Ussak pleaded guilty to aggravated assault but his sentencing hearing has dragged through the courts for more than a year, with several prison and probation officials called to testify. The Crown had originally considered seeking a rare dangerous-offender designation, which would have left Ussak with an indefinite prison term, but dropped that bid once Ussak agreed to the long-term offender designation.

The Crown argues Ussak shouldn't receive the normal double-time credit for the more than four years already served because his criminal history means he wouldn't have been a candidate for early release. The Crown is seeking an additional period of federal custody, which would be followed by the long-term offender designation.

Ussak is expected to ask to be released immediately with a sentence of time in custody when lawyers make closing arguments next week. Ussak's lawyer previously told court his client struggles with an alcohol addiction that sparked his criminal history, which dates back to 1984. Many convictions are for property-related offences, but Ussak has also been convicted of several assaults and has been in and out of jail for much of his adult life.

This article spent very little time dedicated to talking about the mitigating factors, defence lawyer arguments/statements and the accused's background circumstances. 

I would argue that since this man was intoxicated during the commission of the offence, that he could not have formed the required state of mind necessary, under the circumstances. I agree with the long term offender designation, to assist this man and provide support. He has an alcohol addiction and should be required to participate in substance abuse treatment and counseling, upon release from prison.  

Judge rejects dangerous offender designation

Judge rejects dangerous offender designation 

Not enough of a danger; rapist tagged as long term offender 

Here is the summary of these articles: 
- Kevin Steppan fantasized about killing women
- Judge rejected Crown's application to have him deemed a dangerous offender, instead labelling him as a long term offender. 
- He had already spent 4 and a half years in pre-trial remand and was now sentenced to an additional 9 months in prison. 
- As a long term offender, he will be placed under supervised probation with strict conditions for 10 years after his release from prison. 
- If he had been designated a dangerous offender, he would have had an indeterminate prison sentence, meaning that he would only be released when it was determined that he no longer presented a risk to the public. 
- In 2005, he targeted two women, who were prostitutes, and physically and sexually assaulted them and also choked them with a rope. 
- He later admitted to police that he had considered killing both women.
- He also plead guilty to making 50+ sexually obscene phone calls to his female defence lawyer. 
- "Judge said he fit the criteria for a dangerous offender but believes he deserves another shot at turning his troubled life around." 
- The Judge also said, "Asentence in a federal institution is not needed at this point for theprotection of the public in this case. Nor is such a sentence requiredat this time to properly reflect the other relevant principles ofsentencing. In my view, imposing such a sentence at this time wouldresult in a total sentence that is unfit and unjust." 
- Steppan is being supported via a treatment plan to help him deal with his tragic upbrining. 
- It was said that he was abused and neglected during his childhood and his family life was dysfunctional. 
- A psychologist also said that this man has a personality disorder and a history of behavioural problems including chronic lying. 
- He also plead guilty to one count of sexual assault with a weapon, assault causing bodily harm, and making harassing phone calls. 
- Judge said additional jail time was necessary in order to prepare a community supervision plan before he is released, as a long term offender.

SOURCES (from which this summary was primarily taken from): Winnipeg Free Press and Winnipeg Sun. 
AUTHORS: Mike McIntyre and Dean Pritchard 

Good on the Judge in this case for not designating this man a dangerous offender! I would agree that he is still young and could benefit from treatment and rehabilitation to deal with his personality and behavioural disorders. This man's criminal behaviour could stem from his poor upbringing that included neglect and abuse and his untreated psychological disorders. I agree that a long term supervision order should be sufficient and this man should be receiving treatment.