Dangerous offender hearing adjourned to verify accused’s criminal record

Dangerous offender hearing adjourned to verify accused’s criminal record

Crown prosecutor seeking dangerous offender status for man who admitted to 2015 stabbing death

A dangerous offender hearing was adjourned Wednesday to give the Crown prosecutor time to verify the criminal record of the prisoner involved.

In the spring, the Attorney General approved an application from Red Deer’s Crown prosecutors office to have Chad Alexander Kulba declared a dangerous offender because of several violent crimes.

It is rare, but Crown prosecutors can apply to a sentencing judge to have a criminal deemed either a dangerous or a long-term offender when there is evidence that the risk is high of further serious violence.

Kulba pleaded guilty to manslaughter and was sentenced to seven years in prison in November 2017 for the gruesome murder of a 46-year-old Red Deer man on Christmas Day 2015.

Kulba, who was 33 at the time of the offence, admitted stabbing Thomas Braconnier repeatedly in a frenzied drug- and alcohol-fuelled attack in a downtown apartment building.

Braconnier tried to flee, but Kulba, who was heavily intoxicated on a mix of alcohol, crystal meth and prescription drugs, chased him down the stairs.

Kulba stabbed Braconnier about 30 times, at one point using a broken-off golf club shaft as a weapon.

While in remand custody, Kulba attacked another prisoner, biting and mangling his ear, in August 2017. He was convicted after a trial on April 10, 2018. Sentencing for that crime is tied into the dangerous offender hearing.

Defence lawyer George Lebessis told Judge Bruce Fraser that he was not prepared to consent to his client’s criminal record being used as evidence in his dangerous offender hearing until Crown prosecutors had verified it.

Lebessis said while an accused’s criminal record is regularly provided as evidence by the mutual consent of prosecutors and the defence, his client could face a life sentence, and Lebessis wanted to ensure all details are accurate.

“Every ‘t’ has to be crossed and every ‘i’ dotted, in my respectful submission,” said Lebessis.

Besides details of the offences, prosecutors also typically provide fingerprint evidence to prove the accused is the same person who committed the crimes.

To be declared a dangerous offender, an accused must have committed three serious offences that led to sentences of at least two years.

The case returns to court on Dec. 10, when the prosecutor and the defence will make their closing arguments before the judge.

To determine someone is a dangerous offender, a judge must be convinced by psychiatric testimony or other evidence that the convicted person is likely to engage in further violent conduct.

A judge can order an indeterminate prison sentence, a set prison sentence, or a sentence with a long-term supervision order.

The judge can also declare Kulba a long-term offender, which calls for a sentence of at least two years, plus up to 10 years of long-term supervision.



News tips

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

SARS-CoV-2 virus particles, which causes COVID-19, emerge from the surface of cells isolated from a patient in the U.S. and cultured in a lab in a 2020 electron microscope image. THE CANADIAN PRESS/AP-HO, National Institute of Allergy and Infectious Diseases - Rocky Mountain Laboratories
Alberta adds 463 new COVID-19 cases on Sunday

The central zone has 818 active cases

Red Deer teacher Janelle Van Tetering had her students write letters to attach to Blankets of Hope, which will be donated to the Mustard Seed. (Contributed photo)
Red Deer teacher, students donate ‘Blankets of Hope’ to those in need

A Red Deer teacher and her students are giving warm blankets and… Continue reading

RCMP have charged a Sylvan Lake man for allegedly defrauding five people of more than $100,000.
Advocate file photo
20-year-old woman killed in collision: Blackfalds RCMP

A 20-year-old woman was killed in a collision on Saturday, says Blackfalds… Continue reading

Patrick Malkin, co-owner of The Granary Kitchen, says he wants the provincial government to lift COVID-19 restrictions that shutdown in-person dining. (File photo by Advocate staff)
Red Deer restaurant owner ‘frustrated’ in-person dining restrictions are still in place

Dr. Deena Hinshaw announced the restrictions won’t yet be eased this past Thursday

As of Friday, Alberta has under 10,000 active COVID-19 cases. (Image courtesy CDC)
Alberta identifies 573 new COVID-19 cases, 13 deaths on Saturday

There are currently 9,727 active cases of the virus in the province

Terrance Josephson of the Princeton Posse, at left, and Tyson Conroy of the Summerland Steam clash during a Junior B hockey game at the Summerland Arena in the early spring of 2020. (John Arendt - Summerland Review)
QUIZ: How much do you know about hockey?

Test your knowledge of Canada’s national winter sport

Toronto Maple Leafs' Alexander Kerfoot, centre, tries to get the puck past Calgary Flames goalie Jacob Markstrom, right, as Noah Hanifin looks on during first period NHL hockey action in Calgary, Sunday, Jan. 24, 2021.THE CANADIAN PRESS/Jeff McIntosh
Morgan Reilly’s three assists lifts Maple Leafs to 3-2 win over Flames

Leafs 3 Flames 2 CALGARY — Morgan Reilly’s three assists helped the… Continue reading

Green Bay Packers' Adrian Amos (31) reacts after intercepting a pass intended for Tampa Bay Buccaneers' Mike Evans during the second half of the NFC championship NFL football game in Green Bay, Wis., Sunday, Jan. 24, 2021. (AP Photo/Jeffrey Phelps)
Road warriors: Bucs win 31-26 at Green Bay, reach Super Bowl

GREEN BAY, Wis. — Tom Brady and the Tampa Bay Buccaneers’ road… Continue reading

People arrive to be tested for COVID-19 at a clinic in Montreal, Sunday, January 24, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
Too soon to know if Canada’s COVID-19 case decline will continue, Tam says

MONTREAL — It’s still too soon to know whether the recent downward… Continue reading

Flowers are seen at the front door of Dr. Denis Vincent's dental practice in North Vancouver, B.C. on March 31, 2020, after he died of COVID-19. The British Columbia Dental Association has written a letter to Premier John Horgan urging him to include dentists in a priority group for the COVID-19 vaccine. THE CANADIAN PRESS/Jonathan Hayward
Dentists, teachers disappointed they won’t be prioritized for vaccine in B.C.

VANCOUVER — Dentists and teachers are among the groups that are disappointed… Continue reading

Indiana Pacers guard Justin Holiday (8) shoots over Toronto Raptors forward DeAndre' Bembry (95) during the first half of an NBA basketball game in Indianapolis, Sunday, Jan. 24, 2021. (AP Photo/Michael Conroy)
Anunoby’s hot hand helps short-handed Raptors beat Pacers

Raptors 107 Pacers 102 INDIANAPOLIS — OG Anunoby scored a season-high 30… Continue reading

A woman injects herself with crack cocaine at a supervised consumption site Friday, Jan. 22, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Drug users at greater risk of dying as services scale back in second wave of COVID-19

OTTAWA — Under fluorescent lights, Wendy Muckle surveys the supervised consumption site… Continue reading

The Canada Revenue Agency (CRA) headquarters Connaught Building is pictured in Ottawa on Monday, Aug. 17, 2020. nbsp; THE CANADIAN PRESS/Sean Kilpatrick
Taxpayers’ watchdog sees complaints spike, raising worries about pandemic tax season

OTTAWA — Canada’s taxpayers’ ombudsperson says his office has seen a steep… Continue reading

Most Read