12/05/2012 06:19 EST | Updated 02/04/2013 05:12 EST

Dangerous Offender Status Pursued For Dustin Paxton

A Crown prosecutor told a Calgary judge Wednesday that the application for dangerous offender status for Dustin Paxton, who was accused of torturing his former roommate, is underway following the results of his psychiatric assessment.

Paxton was found guilty last February of aggravated assault and sexual assault, but hasn't been sentenced yet as the court waits to rule on the dangerous offender status.

In April 2010, Paxton's former roomate was dropped off at a Regina hospital suffering from multiple injuries and emaciation.

A Calgary judge said last summer Paxton must undergo a 60-day psychiatric evaluation to help determine if he meets the criteria to be designated a dangerous offender.

The results for the assessment are now in, and Crown prosecutor Joe Mercier said the paperwork is underway to begin an application for dangerous offender status.

That paperwork is with Alberta's attorney general, who has to approve the application.

A dangerous offender ruling is rare because it allows the courts to hold someone in jail indefinitely on the basis that person is dangerous to society.

Mercier expects to have a response from the attorney general within the next month.

Dustin Paxton's lawyer was in court as well to hear from the Crown, but his client declined to appear in person.

Justice Sheila Martin asked defence lawyer Jim Lutz to remind his client that it is important he take part in the process.

The case is expected to come back before a judge on Jan. 16.