Sex offender faces possibility of prison sentence
Dangerous offender hearing starts for Bobby Zoe after string of break-ins and assaults
John McFadden
Northern News Services
Friday, July 14, 2017
SOMBA K'E/YELLOWKNIFE
A repeat sex offender is facing a hearing that could leave him deemed a dangerous offender and incarcerated in prison.
A dangerous offender hearing began this week in Yellowknife for convicted sex offender Bobby Zoe, shown above in 2016. If deemed dangerous, Zoe could be locked up with no chance of parole for seven years. - NNSL file photo |
Bobby Zoe, 36, was convicted last year of break and enter and sexual assault for an incident in February 2015. He has been in custody at the North Slave Correctional Centre (NSCC) since his arrest more than two years ago.
He has yet to be sentenced for these offences and will learn his punishment at the end of the dangerous offender hearing that started Monday.
If is he deemed a dangerous offender, Zoe could be locked up for as long as seven years, pending release on parole which would be up to the Parole Board of Canada.
Zoe, who appeared for the hearing dressed in a NSCC-issued T-thirt and sweat pants, was convicted of sneaking into an apartment bedroom downtown and touching a female as she slept in her bed with her partner asleep beside her.
The man awoke to her screams and chased Zoe out of the apartment and into a stairwell where they struggled before Zoe escaped with cash taken from the residence.
That attack came shortly after Zoe had been released from NSCC after serving time for a home invasion in Old Town in October 2013.
Zoe was also convicted in 2012 of a brutal sex assault on a 23-year-old woman - a complete stranger to him - who was attacked while walking alone on 53 Street in January 2011.
Zoe was sentenced to 39 months for that assault but was released early for good behaviour.
After the 2015 attack, RCMP changed its policy to warn the public about the pending release of sex offenders when they deem the person is at risk to re-offend.
Three people testified at the hearing - Toronto forensic psychiatrist Dr. Phillip Klassen, who assessed Zoe; his case worker from NSCC; and a representative from Corrections Canada. None of them made recommendations on whether Zoe should be declared a dangerous offender.
Crown prosecutor Blair MacPherson said outside court he believes Zoe fits the criteria for dangerous offender status.
Under the Criminal Code of Canada, this status can be applied if: the offence caused serious personal injury; the offender has shown a pattern of repetitive behaviour; and there is a pattern of persistent aggressive behaviour.
According to Public Safety Canada, if Zoe is declared a dangerous offender, one of three things can happen: he could be incarcerated indefinitely with no chance of parole for seven years; face a regular prison sentence for the crime committed with a long-term supervision order for up to 10 years after the sentence is over; or simply face a regular prison sentence for the offence.
"Those are the three options going from most severe to least severe," said MacPherson.
According to defence lawyer Steven Fix, it's the Crown's responsibility to prove beyond a reasonable doubt Zoe is a long-term dangerous offender.
"In my opinion he is not," said Fix told Yellowknifer outside court.
He did not elaborate.
Zoe's hearing will resume in November after a pre-sentence report is completed by a representative from the Department of Justice.
