Stephen Thomas Lyon

A criminal trial for second-degree murder resulted in a finding of not criminally responsible on account of mental disorder (NCRMD).

The accused, suffering from schizophrenia, committed a fatal stabbing while experiencing severe delusions and hallucinations, believing the victim was possessed by a demon.

Expert psychiatric testimony, accepted by the court, established that the accused was incapable of appreciating the nature and quality of the act or knowing it was morally wrong under s. 16 of the Criminal Code.

The matter was referred to the Ontario Review Board for disposition.

The applicants, charged with murder, sought to change the trial venue from Gore Bay to Sudbury, citing pre-trial publicity, a small potential jury pool, and logistical inconveniences.

The court dismissed the application, finding that the applicants failed to demonstrate, on a balance of probabilities, that a fair trial could not be achieved in Gore Bay despite the alleged prejudice, which could be mitigated by jury selection safeguards.

The court also noted the potential for the application to cause undue delay and ordered two jury panels to be summoned for jury selection.

The Superior Court of Justice delivered sentencing reasons for three defendants convicted of culpable homicide following a home invasion and robbery.

Tin Wai Hong was convicted of second-degree murder, receiving a life sentence with 13 years parole ineligibility, and a concurrent 4-year sentence for assault causing bodily harm.

Mason Gillard-Gatza and Nathaniel Cain were convicted of manslaughter, each receiving an 11-year sentence (net 4 years 3 months after pre-trial custody credit) and a concurrent 2-year sentence for assault causing bodily harm.

The court considered aggravating factors such as the violent, drug-related home invasion, gratuitous violence, and prior criminal records, alongside mitigating factors including youth, lack of prior record, family support, expressions of remorse, and, for one defendant, reduced life expectancy.

Ancillary orders included a lifetime weapons prohibition, DNA sample, and no-contact orders with victims.

The accused was charged with two counts of criminal harassment against two complainants arising from a dispute over computer repair services.

The complainants alleged the accused made repeated calls with heavy breathing, sent threatening text messages, and made verbal threats regarding the return of a computer.

The accused denied the allegations and claimed his phone number always appeared on caller ID.

The court found the complainants' evidence credible and consistent, but determined that while the accused's conduct was rude and disregarded basic civility, the complainants did not experience a reasonable fear for their safety as required by the criminal harassment statute.

The accused was acquitted on both counts.

In a criminal sentencing decision following trial convictions under ss. 5(2) and 7(1) of the Controlled Drugs and Substances Act, the court addressed large-scale production and possession for the purpose of trafficking in MDMA, methamphetamine, and ketamine from a clandestine laboratory.

The evidence established a high-capacity operation with significant public-safety and health risks, including deceptive marketing of tablets containing highly addictive methamphetamine.

The court treated denunciation and general deterrence as paramount, relying on comparator jurisprudence and the seriousness of domestic synthetic-drug production.

Applying aggravating and mitigating factors individually, the court imposed lengthy penitentiary terms on all three offenders, with concurrent sentences on each count and ancillary DNA and firearms-prohibition orders.