Crown argues Michael Tomasik at risk of causing 'evil' to others
35 year-old convicted in June of attempting to kidnap and sexually assault children
The Crown Attorney has cleared the first hurdle in its attempt to get a 35 year-old Sudbury man convicted of child sex crimes branded as a long-term offender.
On Tuesday, Justice Patricia Hennesy signed an order sending Michael Tomasik for a psychological assessment.
The report, which is expected to be complete by November, will be the key piece of evidence in determining whether or not the crown pushes for the special long-term offender status.
That would mean that even after Tomasik serves his full sentence, which hasn't yet be handed down, the court can impose conditions restricting what he does for up to 10 years after he leaves prison.
He was found guilty in June of eight charges, including counseling someone to commit abduction and sexual assault, producing child pornography, arranging to have sex with a minor and breach of probation.
The convictions were related to several attempts he made to hire prostitutes to help him kidnap and then sexually assault young girls.
'Other evil'
Assistant Crown Attorney Julie Lefebvre told the court that under the long-term offender law, she doesn't have to prove that Tomasik will physically harm anyone, just that he's at risk of causing "injury, pain or other evil" to people.
"Where I don't want to go in this case, I can tell you, is the moral repressiveness of the conduct cannot in and of itself be the foundation for what comes next," Hennessy told the court.
She also noted that unlike some of the other cases the Crown cited in making its arguments, Tomasik never had direct contact with a child.
During the trial, Tomasik's lawyer Darren Berlinguette repeatedly argued that Tomasik only fantasized about abducting and sexually assaulting children but never intended to go through with it.
On Tuesday, Berlinguette opted not to make any submissions.
The case returns to court November 10, when the Crown can decide to either proceed to a long-term offender hearing or drop the matter and go right to the sentencing.