1-year prison sentence for Kyle Morgan low but acceptable, says judge
Morgan sentenced in St. John's for his after-the-fact role in death of Steven Miller in 2016
Judge Colin Flynn says he would have imposed a stiffer sentence on Kyle Morgan for his after-the-fact role in the death of Steven Miller, but the joint submission by the Crown and defence is acceptable.
Joint submissions, even if they reflect a lower penalty than normal, must be sanctioned by trial courts in such circumstances.- Judge Colin Flynn, citing case law
In provincial court in St. John's Tuesday, Flynn agreed to the one year in prison and two year probation joint submission for Morgan.
Morgan, who was 19 at the time, had pleaded guilty to accessory after the fact to manslaughter in Miller's death.
Miller, 25, was killed on July 30, 2016, after being violently abducted from his home in Seal Cove by three armed men. His home was then set ablaze.
Miller's body, which had stab wounds, was dumped at the end of a driveway in Kelligrews in Conception Bay South.
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Morgan, now 20, was originally charged with first-degree murder, but pleaded guilty last month to being an accessory after the fact to manslaughter.
Judge Flynn said that because of precedent-setting case law from the Supreme Court of Canada, his accepting the low sentence "would not bring the administration of justice into disrepute, or is otherwise contrary to the public interest."
9 months left to serve
Citing case law, Flynn said, "barring exceptional circumstances, joint submissions, even if they reflect a lower penalty than normal, must be sanctioned by trial courts in such circumstances.
"I am therefore bound to accept the joint submission in this particular case," Flynn added.
Flynn also gave Morgan a three month credit for time served, leaving him nine months left on his prison sentence.
Three other men were also initially charged with the first-degree murder of Miller.
But last month, Chesley Lucas, 23, and Calvin Kenny, 26, both pleaded guilty to manslaughter, arson, forcible confinement and robbery.
The Crown and defence have suggested Lucas and Kenny get seven and a half years in prison. Judge Flynn is also hearing that matter.
Lucas and Kenny are back in court in September.
The fourth man, Paul Connolly, 36, has a preliminary hearing slated to start on Aug. 7.
Connolly is now the only one still facing the first-degree murder charge.
Because his case could still go to a jury trial, there is a publication ban on the facts used to convict the other three men.
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