A man who was convicted of sexually assaulting a teen girl in Abbotsford in 2013 has been designated a dangerous offender by the courts due to his high risk of re-offending.
The judge ruled that Anton Foulds, 42, will be given an indeterminate sentence, meaning he will be regularly reviewed by parole authorities, who will determine whether he is fit for release.
He is eligible to apply for full parole seven years from the time he was taken into custody and then every two years after that.
Foulds has 32 convictions from 1991 to 2013, including convictions for 20 property offences, nine robberies and two sexual assaults, according to the judge’s written ruling posted today (Friday).
His last offence occurred less than a year after the Abbotsford Police Department issued a public warning about him in April 2012.
At the time, Foulds was being released from prison after having served his full sentence for what police said was the “heinous sexual assault” of a woman in Victoria in 2002.
Just a few months later – on Feb. 5, 2013 – he approached a 17-year-old girl who was walking in the 33500 block of South Fraser Way and directed her to a treed area near an apartment complex.
Foulds then sexually assaulted her and attempted to rob her. The girl contacted a family member, who drove her to hospital and called police. She had suffered serious injuries.
Foulds was arrested and charged two days later and has been in custody since.
The Crown applied to have him declared a dangerous offender, saying Foulds is at “high risk to re-offend violently and sexually if left untreated” and that he is “not treatable in the foreseeable future.”
Foulds sought a four-year determinate sentence to be followed by a long-term supervision order, saying he has fully participated in all prison programs and his behaviour has “improved significantly.”
He said there is evidence that his level of violence will reduce with age.
However, B.C. Supreme Court Justice Brenda Brown referenced the testimony of two psychologists who agreed that Foulds has a high risk for future violence or sexual violence.
Among the points that Brown said she took into consideration were that Foulds: has a history of re-offending within months of being released from prison, has avoided participating in sex offender programs, has a long history of “impulsivity and substance abuse,” and minimizes his sexual offences by saying he was motivated by his need for drug money.
“I am satisfied beyond a reasonable doubt that Mr. Foulds … will fail to restrain his behaviour and fail to control his sexual impulses in the future,” Brown said.
A dangerous offender status remains with an individual for life. Even if parole is eventually granted, that person remains under supervision indefinitely.