Richard Morris

The accused was charged with breach of probation for consuming alcohol while prohibited from doing so.

The Crown conceded that the accused should be found guilty if the Charter application was unsuccessful.

The court found violations of sections 8, 9, and 10(b) of the Canadian Charter of Rights and Freedoms arising from police conduct during a R.I.D.E. program stop.

The officer demanded identification from the accused as a passenger and ran it through CPIC to discover probation conditions, without lawful authority or consent.

The court excluded the evidence and acquitted the accused.

The accused pleaded guilty to manslaughter arising from the fatal stabbing of his common-law partner during an argument.

After inflicting a deep abdominal wound with a kitchen knife, the accused failed to obtain medical assistance for approximately 24 hours despite clear signs of serious injury, prioritizing concerns about breaching probation conditions over the victim’s welfare.

The court found beyond a reasonable doubt that the stabbing involved moderate to severe force and that the accused knowingly chose not to seek medical attention despite the obvious need.

Aggravating factors included domestic violence, the use of a weapon, extensive prior criminal history including prior assaults on partners, and multiple breaches of probation conditions at the time of the offence.

The guilty plea was treated as a mitigating factor.

A sentence of 12 years’ imprisonment for manslaughter was imposed, with a concurrent 12‑month sentence for breach of probation and credit for pre‑sentence custody.