The accused pleaded guilty to production of hash oil contrary to section 7 of the Controlled Drugs and Substances Act and arson by negligence contrary to section 436(1) of the Criminal Code.
An explosion occurred in the accused's shed while he was extracting hash oil from marijuana shake for personal medical use to manage chronic pain.
The accused sustained severe burn injuries covering approximately 60% of his body with third-degree burns, requiring hospitalization and multiple surgeries.
The Crown sought a 90-day custodial sentence, but the defence argued for a suspended sentence with probation given the exceptional circumstances.
The court imposed a suspended sentence with two years of probation, finding that the accused's significant personal suffering, first-offender status, legitimate medical need, and the principle of proportionality rendered incarceration inappropriate.
