Dr. Herath

The appellant, convicted of second-degree murder, appealed his conviction and sentence.

The appeal challenged the admissibility of his in-court statements, the trial judge's refusal to leave self-defence and provocation with the jury, and the 17-year parole ineligibility period.

The Court of Appeal dismissed the appeal against conviction, finding the statements were not protected, not analogous to an aborted guilty plea, and the appellant had an operating mind.

It also upheld the trial judge's finding that there was no air of reality to self-defence or provocation.

Leave to appeal sentence was granted, but the sentence appeal was dismissed, as the parole ineligibility period was deemed fit given the brutality of the murder.

The defendant, Tahir Ali, was charged with multiple drug trafficking offenses and manslaughter related to an opioid overdose death.

The court acquitted the defendant on charges of trafficking and possession for trafficking on April 9, 2017, and manslaughter, due to reasonable doubt regarding the source of drugs and causation of death.

The court also acquitted the defendant on a charge of trafficking on April 28, 2017, as the specific substance trafficked was not proven.

However, the defendant was convicted of possession of heroin and furanyl fentanyl for the purpose of trafficking on April 28, 2017, as the arrest was deemed lawful and the seized evidence admissible.

The accused was committed for trial on charges including manslaughter and criminal negligence causing death and bodily harm after providing cocaine laced with heroin to two women, resulting in one death and one coma.

The accused brought a certiorari application to quash the committals, arguing there was no evidence he intended to traffic heroin specifically, nor evidence of objective foresight of bodily harm.

The Superior Court dismissed the application, holding that the mens rea for trafficking does not require knowledge of the specific drug, and there was sufficient evidence of objective fault given the inherent dangers of street drugs and circumstantial evidence of the accused's knowledge.

At a preliminary inquiry, the Crown sought committal on first degree murder for the stabbing death of Milan Segota, with the defence conceding second degree murder.

The Crown also sought committal on aggravated assault for injuries to Aimee Novak, with the defence conceding assault with a weapon.

The court examined whether circumstantial evidence supported inferences of planning and deliberation necessary for first degree murder.

The court found insufficient evidence of planning and deliberation, distinguishing the case from situations involving armed ambush or premeditated knife acquisition.

The defendant was committed to stand trial on second degree murder and aggravated assault.