Two appellants, addicted to fentanyl, set fire to a rowhouse using Molotov cocktails at the direction of their fentanyl dealer, killing three occupants and seriously injuring a fourth.
Both pleaded guilty to three counts of manslaughter and one count of arson causing bodily harm and received sentences of 16 and 17 years respectively, plus $250,000 restitution orders each.
The Court of Appeal found no error in the sentencing judge's treatment of mitigating factors including addiction and mental health, and held the sentences were not demonstrably unfit.
However, the court quashed the restitution orders, finding the sentencing judge failed to weigh the appellants' ability to pay and imposed them as a mechanical afterthought.
Fresh evidence of post-sentencing cooperation with authorities was not admitted.
