Dawn Ostrem
Northern News Services

Yellowknife (Oct 16/00) - Two men classed as dangerous offenders lost bids in NWT Supreme Court last week to have their status changed.

Buddy Melvin Klengenberg and Irvin McPherson were deemed dangerous offenders and given indeterminate sentences on Sept. 28, 1995 and Sept. 3, 1998 respectively.

Adrian Wright, lawyer for both men, argued that Klengenberg's criminal acts did not present "a pattern of inexplicable aggressive behaviour."

Twenty-nine incidents were referred to when Klengenberg was deemed a dangerous offender.

The offenses included incidents in Tuktoyaktuk in 1992 where he kicked in a door to force his way into a residence and threw furniture while his mother was present.

He threatened to hit a person over the head with a liquor bottle, and threatened someone with scissors.

Wright argued that 10 incidents should be withdrawn, but Justice J.E. Richard said "we're still left with 19 incidents that you would agree are still properly on the pattern scale."

In the McPherson case, Wright argued the trial judge didn't understand he had to apply the concept of reasonable doubt.

McPherson raped a woman in Fort Simpson on Nov. 12, 1995.

Wright argued he may not have known he did not have her consent, therefore there was no intent.

"They can't consent when they're passed out, how can that not be criminal?," said Crown counsel Alan Regel.