P. Rochman

The defendant was charged with manslaughter in connection with the death of Robert Davies, who died from an overdose of fentanyl and cocaine.

The Crown alleged that the defendant sold a mixture of cocaine and fentanyl to Matthew Grout, who purchased the drugs on behalf of himself, Robert Davies, and Sheldon Gittens.

All three consumed the substance at Davies' residence, resulting in Davies' death.

The court found that the defendant committed the predicate offence of trafficking in a controlled substance, that the trafficking presented an objectively foreseeable risk of bodily harm, and that the defendant's unlawful act was a legal cause of Davies' death.

The defendant was convicted of manslaughter.

The court considered the admissibility of a videorecorded statement made by the accused, Jeremy Folk, to police in a manslaughter case.

The statement was challenged on the grounds of voluntariness and alleged breaches of the right to counsel under section 10(b) of the Charter.

The court found that while the statement was voluntary, the police failed to provide a reasonable opportunity for the accused to consult with counsel of choice before the interview.

As a result, the statement was excluded from evidence under section 24(2) of the Charter.

This sentencing decision addresses the appropriate sentence for Ammaan Charley, who was convicted of multiple serious offences, including firearms, drug trafficking, robbery, and criminal organization offences.

The court analyzes aggravating and mitigating factors, the impact of systemic racism, the harshness of pre-sentence custody, and the application of the totality principle.

The final sentence imposed is 16 years, with credit for pre-sentence custody, and includes ancillary orders such as a firearms prohibition and DNA order.