An appeals court on Friday sentenced Tyler Bailey and Rose Morgan to at least 17 years in prison and 14 years in prison, respectively.
Harris was found dead in his Nelson home on February 11, 2016, triggering a two-year police investigation. Morgan and Bailey were and were arrested on February 14, 2018. He was convicted of murder in 2019 after a month-long trial..
The Crown case was that Morgan took a drug cocktail, intended to kill Harris but failed, and after Harris lost consciousness, Bailey hit him with a pillow.
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Following the 2019 trial, the trial judge, Justice Susan Thomas, found that it was a case of murder for rent – that Morgan and Bailey killed Harris for cash and methamphetamine, Vicki Brooks requested. Acting on, whose husband had left her for Harris.
The appeal was heard in May by Justice Fury Miller, Justice Jeffrey Wenning and Justice Mary Peters.
In its ruling, the court said the case was based on circumstantial evidence and “a large number of witnesses were admitted by Morgan and Bailey, some of whom were encouraged to give false evidence”.
Harris, Bailey, Morgan and many witnesses were members of the Nelson drug scene, who knew each other, and some of them were related.
On appeal, both Morgan and Bailey said the trial judge gave “insufficient warnings” about the entry of witnesses who were encouraged to give evidence to the Crown Prince. He also said the evidence “did not rule out the possibility” that Harris exaggerated.
“Furthermore, the lawyer submitted, the judge should direct the jury to consider whether the information obtained by the witnesses is rumored, and whether any of their accounts,” the ruling said. There is free verification. “
Nelson’s drugs were exposed during a murder trial in the city. (Video first published in August 2019)
Bailey’s attorney, Ron Mansfield, and Morgan’s attorney, Trudeau Aiken, both argued that there was insufficient evidence “to support the sentence.”
However, the Court of Appeal found the directions given by the trial judge appropriate. The jury was “well informed that each witness would have relied on information shared with the Nelson drug community for a long time before the appellants were indicted.”
In sentencing, the judge recorded that she was beyond a reasonable doubt that both Morgan and Bailey were involved in the plot to assassinate Harris, and she stated the evidence on which she relied.
On appeal for a minimum sentence of 17 years, Aiken submitted that it was “clearly excessive” in light of Morgan’s “lesser character,” while Mansfield argued that there was no credible evidence that To show that Bailey had any involvement in the plot or planning.
Following the hearing, additional requests were made “about drugs and their nexus”.
“In these petitions, counsel for both appellants drew our attention to the testimony that demonstrates the close link between the appellants’ drug use and the murder of Ms. Harris,” the decision said. “We accept that, as pre-conviction reports show, both appellants were habitual and heavy users.”
Gambling Lloyd / Staff.
Nelson Base Area Commander Inspector Paul Borrell and Detective Sergeant Ian Langridge discuss Tracy Ann Harris’ trial results. (Video first published in August 2019)
Justice Miller and Justice Peters were also willing to accept that addiction played a key role and “reduced crime to some extent”, more so in Morgan’s case.
“Sentencing materials show that they fall into the category of people whose otherwise pro-social tendencies have been overwhelmed by drug dependence and intoxication. Discounts are then available.
Justice Weaning disagreed.
“We agree that there is a waiver for cultural deprivation in Mr Bailey’s case,” the ruling said. “His background is particularly dark, and his drug abuse can be traced without difficulty by the example and training of his father, a career criminal. We acknowledge that deprivation played a key role. Paid
The court will not differentiate between Morgan and Bailey, but Justice Miller and Justice Peters found 14 years to be the appropriate minimum sentence, while Justice Weaning found 17 years appropriate.
“In the majority’s view, appeals against the sentence are partially allowed,” the ruling said. “MPI [minimum period of imprisonment] The sentence is 17 years for murder. The MPI of 14 years imprisonment has been changed for both the appellants.