Glen Orr Q.C.

Three offenders were convicted of manslaughter following a botched home invasion robbery targeting a drug dealer.

The offenders planned to use extreme violence, bringing weapons and gasoline, but mistakenly encountered the target's brother, who was stabbed to death by one of the offenders.

The court found the offence to be an aggravated manslaughter due to the high degree of planning, the home invasion context, and the extreme violence intended.

The court sentenced the stabber to 13 years and the other two offenders to 11 years, less credit for pre-trial custody.

Requests for enhanced credit due to lockdown conditions were denied for lack of evidence of detrimental impact.

The accused was charged with possession of MDMA, ketamine, and methamphetamine for the purpose of trafficking and with producing those substances under the Controlled Drugs and Substances Act.

Police discovered a large-scale clandestine drug laboratory inside a residence containing approximately 150 kilograms of finished drugs and extensive manufacturing equipment in plain view.

The accused was found inside the residence and his personal documents were located there.

The court held that the pervasive presence of drugs, odour, and equipment established the accused’s knowledge of the operation and that his presence and conduct supported an inference of control sufficient for constructive possession for the purpose of trafficking.

However, the Crown failed to prove beyond a reasonable doubt that the accused participated in the production process.