Kim Bertholet

During a murder trial, the defence sought to call a forensic psychiatrist to testify that the accused may have been in a cocaine-induced psychosis at the time of the offence, and that the alleged conduct was out of character.

The court ruled that the expert could testify about the potential impact of cocaine consumption and the possibility of psychosis, as this was relevant to the defence of intoxication and the ability to form specific intent.

However, the court excluded the expert's opinion that the offence was out of character for the accused, finding it to be impermissible character evidence and oath-helping.

During a murder trial, the deceased's family brought an urn containing the deceased's ashes into the overflow courtroom.

The trial judge ruled that the urn must be removed from the courthouse.

The court found that leaving the urn overnight posed practical and security concerns, and carrying it in and out risked the jury seeing it, which could prejudice the accused's right to a fair trial.

The court also noted that the presence of the remains could adversely impact the appearance of neutrality.

The offender pleaded guilty to manslaughter for his role in the execution-style shooting of a 16-year-old victim.

The court determined the appropriate sentence range was 8 to 12 years, fixing the sentence at 8 years due to the offender's limited participation and young age.

The court then reduced the sentence to 7 years to account for the collateral consequences of harsh pre-sentence custody conditions, including lockdowns and the COVID-19 pandemic, before applying a 1.5:1 credit for time served.

The final sentence to be served was 2 years and 325 days.