Crown not will not seek dangerous offender status for man with FASD

The Crown will not be seeking to have Jay James Drysdale designated a dangerous or long-term offender, in part because he is severely impacted by Fetal Alcohol Spectrum Disorder, court heard on Monday.

The 35-year-old man was convicted earlier this month of assault with a weapon in relation to an August 2014 incident in which he chased a convenience store security officer with a butcher knife and slashed the tire of his vehicle.

Following the guilty verdict, the Crown told the court it wanted an opportunity to decide whether it would be requesting a dangerous or long-term offender assessment on Drysdale, who has existing violent offences on his record.

The case was set over to Monday, when Crown prosecutor Roger DeCorby appeared on behalf of his office to tell Justice Ted Zarzeczny the Crown had decided against pursuing the application.

DeCorby noted Drysdale has severe FASD, a factor that was taken into account in the Crown’s decision. Even so, DeCorby said there is a continuing “public protection issue,” meaning a hearing will be necessary to determine what to do with Drysdale in terms of sentencing.

Defence lawyer Andrew Hitchcock could not be present in court due to illness, so Zarzeczny set the matter over to Thursday for a telephone conference to determine when the sentencing hearing will be held and what reports should be completed in the meantime. Options could include a regular pre-sentence report which would incorporate a section addressing Gladue factors, or a stand-alone Gladue report — with the latter expected to take as long as several months to complete, should it be ordered.

Gladue reports take a more detailed look at the background of an accused as a First Nations person, examining their personal circumstances as well as systemic factors — such as the impact of colonialism and residential schools.

In suggesting a Gladue report might be helpful, Zarzeczny said he didn’t want to rush into sentencing given the issues faced by Drysdale.

Court previously heard a thenhomeless Drysdale was intoxicated and panhandling when, on Aug. 7, 2014, he confronted a plainclothes security officer outside the 7-Eleven on the corner of Victoria Avenue and Winnipeg Street.

Drysdale retrieved a large knife from his duffel bag and chased the officer, who made it to his SUV before Drysdale slashed the tire. Drysdale ran off afterward but was arrested nearby.

Drysdale attempted to argue he acted in self-defence, but Zarzeczny found otherwise.