10/31/2012 06:20 EDT | Updated 12/31/2012 05:12 EST

Dustin Paxton Psychiatric Report: Lawyer For Convicted Torturer Doesn't Want Crown To See Social Worker Comments

CALGARY - The lawyer of a man convicted of torturing a former roommate has concerns about a psychiatric report being compiled for his sentencing.

When Dustin Paxton was convicted of aggravated assault and sexual assault in February, the judge ruled Paxton starved, wounded, maimed and disfigured the man, putting his life in danger.

Paxton was in a Calgary court Wednesday and his lawyer Jim Lutz brought up concerns about the report being compiled for his sentencing hearing.

The Crown and defence agreed to allow each to review the materials after the psychiatric report is complete, expected around the second week of November.

A decision will be made on Dec. 5 on whether the Crown will proceed with a dangerous offender application or begin sentencing.

A person who is declared a dangerous offender can be locked up in prison indefinitely.

Lutz is concerned that the psychiatric report could include additional facts that may have been presented to a social worker by the victim during an interview outside of the trial.

Paxton, who is originally from Manitoba, was arrested after his roommate was dropped off in April 2010 at a Saskatchewan hospital badly beaten and emaciated.

(CFFR, The Canadian Press)

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