A notorious Niagara sex offender will remain behind bars indefinitely after Ontario’s highest court tossed out his appeal.
Kevin Kohl of Port Colborne pleaded guilty three years ago to a horrific sexual assault: forcing a 19-year-old Canadian Tire employee into a bathroom and — armed with a drug-filled needle — ordering her to comply with his demands.
Described by a forensic psychiatrist as an “almost relentless” drug user, Kohl was high on cocaine at the time of the attack.
A judge declared him a dangerous offender, citing his “intractable” drug use, a lengthy criminal record of sexual offences, and a “tremendous future risk for harmful recidivism.” The dangerous offender designation meant Kohl would stay behind bars until the Parole Board of Canada decided otherwise.
Last month, Kohl asked the Court of Appeal for Ontario to overturn his indeterminate sentence, arguing that the presiding judge failed to consider that his addictions could “be properly managed.” He also said the judge refused to consider other options, such as a “long-term supervision order” served in the community.
The court dismissed his appeal.
“Ultimately, the sentencing judge found that the evidence left him in considerable doubt that the appellant’s risk could be reduced to a safe level through a determinate sentence and a long-term supervision order,” the appeal court wrote. “That conclusion is amply supported by the record.”
The three-judge panel noted that Kohl’s drug use “was the source of his violent criminal conduct,” and had continued “despite multiple treatment interventions.”
“We find no support for the appellant’s submission that the sentencing judge ‘set the bar too high,’” the ruling reads. “Instead, the sentencing judge carefully considered the appellant’s insurmountable problem with drugs which was directly linked to his violent acts.”
Dangerous offenders can apply for parole seven years after their arrest. The Parole Board of Canada decides whether the offender should be released or remain in custody.
