S. Kelly

The accused pleaded guilty to second-degree murder for his role in the prolonged assault and torture of a vulnerable victim in the context of the drug trade.

The Crown sought an 18-year period of parole ineligibility, while the accused sought 12 years.

The court emphasized denunciation and deterrence, noting the victim's vulnerability and the brutal nature of the murder.

The accused was sentenced to life imprisonment with no eligibility for parole for 16 years.

The applicant, an Indigenous person, sought a review of a detention order under s. 520 of the Criminal Code, arguing the Justice of the Peace erred in law by failing to fully consider Gladue principles pursuant to s. 493.2.

The Superior Court admitted the applicant's fresh affidavit but found the Justice of the Peace made no error of law given the limited evidence presented at the original hearing.

Conducting a de novo review, the court concluded that detention was necessary on the secondary ground due to the applicant's significant criminal record, the violent nature of the alleged offences, and the lack of a sufficient release plan.

The accused was charged with manslaughter of his mother and assault causing bodily harm to his aunt after he pushed his aunt out of the house, causing her to fall into his mother, who then fell down concrete stairs and later died.

The Crown abandoned the manslaughter charge and sought a conviction for aggravated assault based on transferred intent.

The court found that aggravated assault and assault causing bodily harm were not lesser included offences of manslaughter, but unlawfully causing bodily harm was.

The court rejected the accused's defences of consensual fight, self-defence, and defence of property, finding them lacking an air of reality.

The accused was found guilty of assault causing bodily harm against the aunt and unlawfully causing bodily harm against the mother.