In a notice of appeal the Calgary Crown Office says the judge who failed to lock up dangerous offender Cory Bitternose indefinitely, made a mistake.

Bitternose was sentenced in June to over 20 years in prison for a brutal attack of two women in Banff four years ago.

The 42-year-old will be over 60 years old before he is released but Crown Prosecutor Christine Rideout tells The Calgary Sun risking the release of Bitternose without making sure he’s rehabilitated poses too high of a risk to the public.

The appeal also notes the judge did not provide adequate and timely reasons for her decision.