John W. McCulligh

The court sentenced Shadrack Oppong-Kyereme for importing 12.2 kilograms of heroin into Canada, contrary to the Controlled Drugs and Substances Act.

The sentencing reasons review the circumstances of the offence and the offender, the aggravating and mitigating factors, and the applicable sentencing principles.

The court considered the impact of systemic anti-Black racism on the offender’s moral responsibility, but found only a modest reduction in culpability.

After reviewing comparable case law, the court imposed a sentence of 15 years, with ancillary orders including a DNA order, weapons prohibition, and forfeiture.

The appellant appealed his conviction for child pornography offences, arguing the trial judge erred in admitting his statement to police.

He claimed he was under the influence of a prescription medication overdose and lacked an operating mind, and that the Crown's failure to call two police officers who had contact with him deprived the court of corroborating evidence.

The Court of Appeal dismissed the appeal, finding no rule requires the Crown to call every officer, and holding that the trial judge's conclusion that the statement was voluntary was well supported by the videotape and other witness testimony.

At a preliminary inquiry, the court determined whether sufficient evidence existed to commit three accused to trial.

The primary accused was charged with first-degree murder in connection with the brutal torture and killing of an elderly victim.

The court found evidence supporting committal on first-degree murder based on forcible confinement and planning and deliberation.

The accused's mother was charged with being an accessory after the fact, and the court found evidence that she assisted in the cleanup and disposal of evidence.

A third accused conceded committal.

All three were committed to stand trial.

The Crown appealed the trial judge's refusal to make a mandatory Sex Offender Information Registration Act (SOIRA) order.

The respondent conceded the appeal.

The Court of Appeal allowed the appeal, noting the trial judge offered no explanation for refusing the mandatory order, and issued a 20-year SOIRA order.