A. Wheeler

The accused, an inmate at Collins Bay Institution, was charged with possession of cannabis for the purpose of distribution and possession of contraband after 2.2 kilograms of 'shatter' and two cell phones were found in the ceiling void above his cell.

The Crown's case was entirely circumstantial, relying on the location of the contraband and expert evidence regarding the 'inmate code' to argue the accused must have known about the items.

The court found that the Crown failed to prove beyond a reasonable doubt that the accused knew the items were there, noting significant gaps in the evidence, such as the lack of forensic evidence, the unlocked nature of the cells, and the unknown parameters of the ceiling void.

The accused was found not guilty.

The 21-year-old accused pleaded guilty to carrying a weapon for a purpose dangerous to the public peace and aggravated assault after stabbing a victim twice in the abdomen during an altercation.

The accused had a difficult upbringing, no prior record, and demonstrated significant rehabilitative efforts.

The court considered the availability of a conditional sentence for aggravated assault following the Court of Appeal's decision in Sharma.

Emphasizing the accused's youth, rehabilitative potential, and the harshness of pre-trial custody during the pandemic, the court imposed a 14.5-month conditional sentence.