Thomas Mack

The young person accused was charged with second-degree murder, armed robbery, and possession of a prohibited firearm after shooting a flea market manager during a robbery.

The accused admitted to the robbery, firearm possession, and manslaughter, but contested the murder charge, arguing a lack of subjective intent for murder due to severe drug intoxication, sleep deprivation, and mental health issues.

The court declined to apply the common-sense inference of intent, finding that the cumulative effect of the accused's substance abuse, sleeplessness, and other health issues left the accused without the requisite subjective foresight of the likelihood of death.

The accused was found not guilty of second-degree murder but guilty of manslaughter, armed robbery, and possession of a prohibited firearm.

The accused, charged with second-degree murder, applied for bail in a reverse onus situation.

The proposed release plan involved house arrest with electronic monitoring and his father as a surety.

The court dismissed the application, finding the accused failed to meet his onus on the primary, secondary, and tertiary grounds.

The court noted the accused's history of breaching court orders, fleeing the jurisdiction under a false name, and committing violent offences while on bail or in custody, concluding that electronic monitoring could not overcome the lack of a reliable supervision plan.

The accused, Stasky St. Clair, was found guilty of eight offences, including possession of a loaded, prohibited firearm, possession of an over-capacity magazine, two counts of possession of cocaine for the purpose of trafficking, and two counts of possession of a firearm while prohibited by court orders.

The court imposed a global penitentiary sentence of eight years, reduced to six years, one month, and one week after accounting for 22 months and three weeks of pre-sentence custody.

The sentencing emphasized denunciation and deterrence for serious firearm and drug offences, considering the accused's lengthy criminal record and prior firearm convictions.

The accused was arrested for possession of marijuana after police observed him in a confrontation and smelled fresh marijuana emanating from him and his vehicle.

The accused produced a medical marijuana card, which the arresting officer believed to be fake.

Subsequent searches incident to arrest revealed a loaded handgun in the vehicle and cocaine concealed between the accused's buttocks during a strip search at the station.

The accused brought a pre-trial application alleging violations of his s. 8 Charter rights and seeking exclusion of the evidence under s. 24(2).

The court dismissed the application, finding the arrest and searches lawful, and alternatively holding that the evidence would be admissible under s. 24(2) regardless.