Mark Lesly Paul Falovo

The accused was charged with first degree murder in the death of his half-brother, which occurred on October 24, 2009.

The Crown alleged that the accused shot his brother with a shotgun following an argument about household cleanliness.

The central issues were whether the accused was not criminally responsible due to a mental disorder, whether he possessed the requisite intent for murder, and whether the killing was planned and deliberate.

The court found the accused suffered from a mental disorder (schizophrenia) but was not rendered incapable of appreciating the wrongfulness of his acts.

The court found the accused had the requisite intent for murder but was not satisfied the killing was planned and deliberate.

The accused was convicted of second degree murder rather than first degree murder.

The court sentenced Brenda Dufort, convicted of importing approximately two kilograms of cocaine into Canada, to 5.5 years' imprisonment.

The decision reviews the facts of the offence, the offender’s background, and the relevant sentencing principles and case law.

The court found that while the usual range for first-time couriers is 6–8 years, several mitigating factors justified a sentence slightly below that range.