SENTENCING - Manslaughter - Guilty plea - Addicts - Drugs

Law360 Canada (January 26, 2021, 6:32 AM EST) -- Appeal by the Crown from a global sentence of 15 years’ imprisonment imposed for manslaughter and home invasion. The respondent broke into a residence and stabbed the two occupants multiple times. He was charged with first degree murder but pleaded guilty to manslaughter. At the time of the offences, the respondent, then 30, was in a psychotic state due to self-induced methamphetamine and cannabis intoxication. All experts diagnosed him with amphetamine, alcohol, cannabis and cocaine use disorders, and antisocial personality disorder and confirmed a history of substance induced psychosis due to cannabis and methamphetamines. The appellant had no history of seeking treatment. The sentencing judge found the only mitigating factor was the guilty pleas. He concluded that imposing consecutive sentences would clearly offend the totality principle. The sentencing judge found the range of 12 to 14 years’ imprisonment for each count of manslaughter was an appropriate starting point, then elevated the sentences to 15 years to account for the killings taking place during a home invasion....
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