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Two offenders were sentenced to nine years in prison for an armed home invasion where their accomplice was killed.
Following a five-day trial, the court found both defendants guilty of breaking and entering into a dwelling to commit an indictable offence (home invasion).
The defendants and a third party, armed with firearms and other weapons, broke into an occupied residential home at night.
During the struggle with the homeowner, one of the intruders was killed.
The court imposed penitentiary sentences of 9 years for each defendant, less pre-trial custody credits, resulting in sentences of 8 years 9 months for one defendant and 8 years 5 months for the other.
The court also imposed ancillary orders including weapons prohibitions and DNA sampling orders.
The offender was sentenced to six years' incarceration for importing nearly two kilograms of cocaine.
The respondent was convicted of importing approximately 1,976 grams of cocaine into Canada on December 1, 2015, concealed in four containers (Metamucil, curry spice, and psyllium fibre powder) in her personal belongings upon return from Jamaica.
The Crown sought a penitentiary sentence of six to eight years, while the defence sought three to five years.
The court imposed a sentence of six years' incarceration at the low end of the established range for multi-kilogram cocaine importation, along with a mandatory lifetime weapons prohibition and a DNA order.
The court considered the respondent's personal circumstances, community support, and pro-social conduct since arrest as mitigating factors, but found these did not warrant a departure below the applicable sentencing range given the serious nature of multi-kilogram drug importation.
Two defendants were convicted of a home invasion based on circumstantial evidence including DNA and hearsay text messages.
The Crown charged two defendants with breaking and entering a dwelling with intent to commit an indictable offence.
The case involved circumstantial evidence of identity, including BlackBerry Messenger communications recovered from the deceased intruder's phone.
The court admitted hearsay evidence under the present intentions exception and the co-conspirator's exception to the hearsay rule.
The Crown established that the defendants were members of a conspiracy to commit the break-in through analysis of cryptic text messages, DNA evidence, and circumstantial connections.
Both defendants were convicted.
The accused was convicted of importing cocaine after the court rejected her testimony and found wilful blindness.
The accused was charged with importing cocaine into Canada contrary to section 6(1) of the Controlled Drugs and Substances Act.
The Crown's case was based on circumstantial evidence that the accused knowingly or was wilfully blind to the fact that four jars in her suitcase contained approximately 1,976 grams of cocaine.
The trial focused on whether the Crown proved the requisite mental state beyond a reasonable doubt.
The court found the accused's testimony lacked credibility due to multiple inconsistencies with her police statements and with her niece's testimony.
The court concluded that the accused either had actual knowledge or was wilfully blind to the contents of the jars, and convicted her as charged.