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Trial judgment on drug trafficking and weapon charges: acquittals on trafficking counts, convictions for simple possession of fentanyl and for possessing a machete for a dangerous purpose.
The Ontario Court of Appeal dismissed Fallon Corbett’s appeal from convictions for drug trafficking and weapons offences, finding the trial judge made no reviewable error.
The court held that the offences, though close in time, were separate and distinct rather than a single criminal enterprise; a 4 year sentence for the robbery is fit and must be imposed consecutively to the 2 year break and enter sentence for the Cletus incident, the 1 year assault with a weapon sentence should be concurrent, concurrent shorter terms for possession and mischief apply, and applying the totality principle the global custodial sentence is 6 years with remand credit of 442.5 days deducted.
Source excerpt
Sentencing decision in which the court accepted a joint submission and imposed four years’ imprisonment for drug possession offences and a taser offence.
Sentencing on multiple drug-trafficking and weapons offences resulted in a global 3.5-year term, 90 days’ enhanced credit, and ancillary orders.
The Supreme Court of British Columbia found Kyle Hollaman guilty on five drug and weapons counts after concluding he controlled the master bedroom, safe, drugs, and taser.
Given the use of a knife to inflict a serious, permanently scarring injury to the victim's face, the offender's record, his flight from police and limited near-term prospects for rehabilitation, a custodial sentence of four years was the least restrictive sentence that reflected his moral culpability; related offences receive short concurrent sentences; ancillary orders (life weapons prohibition, DNA, forfeiture) and restitution for lost wages are appropriate.
Source excerpt
The court convicted the accused on four counts after finding circumstantial evidence, including surveillance, stolen firearms, and tool-paint matches, excluded reasonable alternative explanations.
Trial judgment on theft, drugs, weapons, and obstruction charges. The court convicted on theft, simple possession, and resisting arrest, but acquitted on trafficking, assault with a weapon, threats, and weapon-purpose charges.
The Supreme Court of British Columbia denied a s. 525 bail review in R. v. Alexis, finding no sufficient change in circumstances and continuing detention justified under s. 515(10)(b).
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