Jessica Zita

The appellant appealed her sentence for possession of methamphetamine for the purpose of trafficking.

She had been sentenced to 12 months' custody plus 10 months' probation based on the mandatory one-year minimum sentence under section 5(2) of the Controlled Drugs and Substances Act.

However, the sentencing judge expressed regret at being required to impose the mandatory minimum.

Subsequently, the Supreme Court of Canada struck down the mandatory minimum as unconstitutional in R. v. Lloyd.

The Crown consented to the appeal, and the Court of Appeal allowed the appeal and remitted the case for resentencing.

The appellants were convicted of manslaughter following a trial by judge and jury.

Their convictions on break and enter to commit robbery were stayed pursuant to the Kienapple principle.

The appellants appealed their manslaughter convictions on various grounds and sought leave to appeal their sentences.

The Crown also sought leave to appeal the sentence imposed on one appellant.

The Court of Appeal found that the jury charge on the critical counts of manslaughter was insufficient to meet the functional requirements for an adequate jury charge, particularly in failing to adequately relate the evidence to the key issues and the parties' positions.

The conviction appeals were allowed and a new trial was ordered on all original charges.

The Crown and the two accused brought several pre-trial motions ahead of a re-trial for murder and aggravated assault arising from a shooting at a house party.

The court ruled on the admissibility of various pieces of evidence, including post-offence conduct, a photograph of the deceased, a lead fragment, ammunition, and black socks with gunshot residue.

The court also dismissed a Charter application challenging a search warrant, finding the accused lacked standing as he had abandoned the apartment.

Finally, the court denied the accused's request to sit at counsel table, ordering them to remain in separate prisoner's docks with leg belts due to significant security concerns and antagonistic defences.