Dustin Paxton made an appearance in a Calgary courtroom Wednesday afternoon as the bid to have him declared a dangerous offender continues.

The man convicted of torturing his former business partner and roommate earlier this year saw his sentencing delayed while a psychiatric report is prepared by a Dr. David Tano.

Dr. Tano’s report is expected around the second week of November.

The crown needs to have a look at the completed report in order to decide if they’re going to continue with the dangerous offender application or just proceed to sentencing.

On Wednesday Paxton’s lawyer expressed concerns that a report from the doctor could include additional facts that were perhaps presented to a social worker by the victim during an interview outside of the trial.

The doctor is compiling his report using multiple sources, including the social worker’s interview with the victim.

Defense lawyer Jim Lutz says he can’t find any previous cases where a social worker has interviewed the victim for a dangerous offender hearing, but the crown is not convinced that the procedure is so unusual.  

The defense wanted the notes of the social worker and any report the social worker prepared, but the crown does not have that information, and it’s not even known if the social worker has completed the report.

The crown and defense came to an agreement and each will have an opportunity to review the materials after the doctor’s report is complete.

The case was stood down until Dec 5th, which was the previously set date. Then a decision will be made as to whether the crown will proceed with the dangerous offender application or begin sentencing.