He was convicted earlier this year of breaking into a little girl’s bedroom in Surrey and sexually assaulting her in the night.
Now the Crown prosecutor who won the case against Kyle Berkson wants the 36-year-old assessed by a psychiatrist to decide if a dangerous offender hearing should proceed.
In Canada, a person designated a dangerous offender may be subjected to an indefinite prison sentence to protect the public.
Prosecutor Lynett Jung argues Berkson has a “long and, I would respectfully submit, relevant criminal record” and has shown an “inability to control his sexual impulses.”
Berkson’s record goes back to 1988, when he was a youth, and extends into adulthood with convictions of assault with a weapon, breaking and entering, and possession for the purpose of trafficking. There was also a sexual interference conviction involving a boy.
His latest conviction, in February, was for sexual interference (touching someone under 14 for a sexual purpose), invitation to sexual touching, breaking and entering with intent to commit sexual assault with a weapon, and uttering threats.
It was April of last year when a nine-year-old Surrey girl woke to Berkson sitting on top of her. He told her to be quiet, which she did because she was scared. He then sexually assaulted her, tried to get her to perform oral sex, licked her cheek and threatened her before leaving.
In speaking to the dangerous offender application, defence lawyer David Gable, conceded in court Tuesday that Berkson has “a rather lengthy unenviable criminal record,” but said much of it seemed to concentrated about 10 years ago.
Gable added there was no argument his client has a history of an offence similar to his most recent conviction. However, he urged the judge to consider the “considerable gap” between the last and most recent offence.
The judge is expected to deliver reasons as to whether a psychiatric assessment is warranted in mid-May.