Barry Plant

The two offenders were convicted by a jury of a violent armed home invasion robbery and related firearms offences.

The court considered the serious aggravating factors of the planned home invasion and use of firearms, balanced against mitigating factors including the offenders' youthful status, expressions of remorse, and the significant impact of systemic anti-Black racism on their backgrounds as detailed in Enhanced Pre-Sentence Reports.

The court applied the Morris framework to reduce their moral culpability and emphasize rehabilitation, sentencing the first offender to 9 years and the second offender to 7.5 years imprisonment, less pre-sentence custody credit.

The accused brought a Charter application to exclude evidence obtained during the execution of a search warrant at his apartment, arguing the Information to Obtain (ITO) was insufficient.

The warrant was based on a tip from a confidential informant who had purchased crack cocaine from the accused.

Applying the Debot test, the court found the informant's information was highly compelling and sufficiently corroborated by police surveillance, compensating for weaknesses in the informant's inherent credibility.

The court concluded there was a solid basis for the justice of the peace to issue the warrant and dismissed the application.