Crown may seek to have Sofyan Boalag declared dangerous offender
The Crown is considering having convicted serial rapist Sofyan Boalag deemed either a long-term offender or a dangerous offender, after the Algerian man was convicted of multiple sexual assaults.
Boalag, 37, is still a long way from being sentenced, after he was convicted on three counts of sexual assault earlier in August.
But when his sentence is completed, a long-term offender designation would have him on supervision for up to 10 years.
The dangerous offender status would mean an indefinite sentence.
Crown prosecutor Trisha McCarthy said in provincial court in St. John's Friday she can't decide which designation she will seek, or if she will ask for either designation.
Arguments to be heard in October
McCarthy said she has to wait until Boalag undergoes an extensive psychiatric assessment.
But that assessment isn't automatic; McCarthy has asked Judge Pamela Goulding to order an assessment. However, Boalag's lawyer, Jeff Brace, is opposed to it.
McCarthy and Brace will make their arguments, for and against the assessment, on Oct. 11.
Goulding found Boalag guilty earlier this month of three counts of sexual assault with a weapon.
She also found him guilty of two counts of carrying a concealed weapon, possessing a weapon dangerous to the public, sexual interference, and choking while committing an indictable offence.
Deportation possible after sentence finished
Brace and McCarthy told the court that they both agree that the sexual assault with a weapon charges encompasses the two counts of carrying a concealed weapon, possessing a weapon dangerous to the public, and the sexual interference charges.
They said Boalag's conviction on those charges should be stayed, meaning he wouldn't have a record for them.
Given a principle in law known as totality, having stays entered on those charges likely wouldn't effect the length of Boalag's sentence.
On the choking charge, McCarthy is seeking to have it included in Boalag's sentence, but Brace feels it isn't necessary.
Goulding will give her ruling on those charges Sept. 23.
As an Algerian citizen, and under Canadian law, once Boalag is finished his sentence, he can be deported.
