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Crown ponders special offender application

By Keith Lacey Sudbury?s Crown attorney?s office has taken the rare step of ordering a psychological assessment in what could lead to a dangerous offender application against a notorious Sudbury criminal.
By Keith Lacey

Sudbury?s Crown attorney?s office has taken the rare step of ordering a psychological assessment in what could lead to a dangerous offender application against a notorious Sudbury criminal.

Justice Patricia Hennessy ordered Kenneth ?Kenny? MacDonald to undergo the 60-day psychiatric treatment at a Toronto mental health centre before returning to court June 18.

After a report has been prepared, the Crown?s office will consult with the attorney general?s office before deciding whether or not to pursue an application under the criminal code to try MacDonald as a dangerous offender or long-term offender.

If a judge were to deem MacDonald a dangerous offender, he could be locked up behind bars indefinitely. If a judge were to deem MacDonald a long-term offender, authorities would have special powers to watch him closely once he?s released from custody.

Assistant Crown attorney Philip Zylberberg said the Crown won?t be making any decisions on which way to proceed on the matter until the 60-day assessment is completed and a detailed psychiatric report is completed.

MacDonald was convicted in February by Hennessy for severely assaulting another man in a Sudbury hotel washroom last summer.

MacDonald?s criminal record includes dozens of convictions. The record includes almost a dozen assault convictions and other convictions for assault with a weapon and one conviction for armed robbery.

The Crown?s office has told the court it will be seeking a lengthy penitentiary term against MacDonald in relation the assault last summer.