Dangerous offender hearing stalled by paperwork mistake

Crown prosecutor wants man convicted of Christmas Day 2015 murder declared a dangerous offender

A paperwork blunder stalled a dangerous offender hearing in a Red Deer courtroom Tuesday.

Crown prosecutor Ed Ring was about to make his arguments before a judge on why Chad Alexander Kulba should be declared a dangerous offender when the faulty criminal record check came to light.

What was supposed to be entered into evidence as the official record of Kulba’s criminal convictions, as well as a fingerprint analysis, arrived incomplete from RCMP’s Ottawa offices on Tuesday morning.

The document ended in 2011, omitting three more recent convictions, including a manslaughter conviction for a brutal 2015 Christmas Day killing in Red Deer.

Ring told Judge Bruce Fraser that the missing convictions “significantly impact the Crown’s position.”

Fraser said the criminal record summary was clearly “defective,” and it’s “not a true reflection of his criminal record.”

The missing convictions are an important part of the prosecutor’s dangerous offender argument, he acknowledged.

“Without the full record, you do lose the presumption (of dangerousness).”

To have someone declared a dangerous or long-term offender, a Crown prosecutor must prove that the criminal would be a danger to the public, shows a pattern of “persistent aggressive behaviour” and is “unlikely to be inhibited by normal standards of behavioural restraint.”

The manslaughter conviction followed a trial in April 2018. The dangerous offender application is part of the sentencing hearing for that crime.

Fraser said the missing information makes the determination of dangerous offender status “extremely difficult.

“I don’t like proceeding on incorrect information, quite frankly.”

Defence lawyer George Lebessis said in light of the issues involving the criminal record check, he wants to cross-examine the RCMP staffer in Ottawa who prepared the incorrect report.

The delay raises the issue of whether Kulba has been sentenced within a reasonable amount of time, he said.

Under a 2016 Supreme Court of Canada decision, a 30-month deadline was set for resolving cases involving serious offences.

Lebessis will argue why the manslaughter conviction should be stayed before Fraser in a separate session in the new year.

The sentencing hearing will also continue early next year.

When someone is declared a dangerous offender, the judge can order an indeterminate prison sentence, a set prison sentence, or a sentence with a long-term supervision order.

The judge could 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.



pcowley@reddeeradvocate.com

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

Budget day: Alberta government planning to balance books, boost employment

EDMONTON — It’s budget day in Alberta. And while the United Conservative… Continue reading

Kenney pledges $100M toward Red Deer hospital improvements

Premier Jason Kenney has committed $100 million toward improvements at Red Deer… Continue reading

RDC athlete apologizes for racist slur

A Red Deer College athlete has apologized for using a racial slur… Continue reading

Innisfail man killed in single-vehicle collision

RCMP said car hit a pole just northwest of Innisfail early on Wednesday

VIDEO: Grumpy sea lion resists help back to water in Washington state

Crews were able to coax her into a crate to carry her back to water

Your community calendar

Feb. 19 A Liberation of Holland event is being held at the… Continue reading

David Marsden: Finally, a healthy prognosis for our hospital

The announcement of $100 million toward improvements to Red Deer Regional Hospital… Continue reading

Police intervention in Kahnawake would be act of provocation, First Nation says

Protesters reinforced a rail blockade on the Kahnawake Mohawk territory south of… Continue reading

Alberta must juggle sluggish economy, big deficits, lost jobs in upcoming budget

EDMONTON — Alberta is to bring in its new budget Thursday while… Continue reading

Prepare for new coronavirus like an emergency, health minister advises

OTTAWA — Health Minister Patty Hajdu is encouraging Canadians to stockpile food… Continue reading

New Brunswick maintains position on abortions and Canada Health Act

FREDERICTON — The New Brunswick government is standing firm in its position… Continue reading

Bolder actions, words from protesters behind Quebec and Ontario rail blockades

Protesters behind rail blockades in Quebec and Ontario ramped up their actions… Continue reading

Most Read