Tuesday morning, Morgan was taken into custody to begin the 12-month jail sentence handed down to him in provincial court by Judge Colin Flynn; a sentence Flynn said would have been stiffer had he not accepted a joint submission from the Crown and defense lawyers.
Morgan, originally charged with first-degree murder, forcible confinement, arson and robbery, pleaded guilty last month to being an accessory to manslaughter after the fact. Two of his co-accused, Chesley Lucas, 24, and Calvin Kenny, 27 pleaded guilty to manslaughter, arson, forcible confinement and robbery and are due to be sentenced next month. Lawyers in that case have also presented a joint submission, suggesting Lucas and Kenny each get a seven-and-a-half year jail term.
There’s a publication ban on the evidence used to convict all three men, given the case of the fourth accused, 36-year-old Paul Connolly, could still go to a jury trial. Connolly’s preliminary inquiry is set to begin next week.
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Miller, 25, was assaulted and kidnapped by three masked men with guns who forced their way into his Seal Cove home July 30, 2016. The intruders then set the house alight.
Miller’s body was found four hours later in a driveway in the Bayview Heights area of Kelligrews. He had been stabbed multiple times.
In sentencing Morgan, Flynn cited case law from the Supreme Court of Canada. He said although he would have given Morgan a lengthier sentence, he was bound to accept the joint submission since it “while low … would not bring the administration of justice into disrepute, or is otherwise contrary to the public interest.”
“Barring exceptional circumstances, joint submissions, even if they reflect a lower penalty that normal, must be sanctioned by trial courts in such circumstances,” Flynn said.
With credit given for the time he has already spent in custody, Morgan will spend 270 days — about nine months — in jail, followed by two years of probation, with conditions including that he not have any contact with Miller’s family and attend treatment programs as recommended.
Twitter: @tara_bradbury
