A man from St. John’s has been given a five-year prison term for a deadly attack on his grandmother while experiencing confusion due to a cocaine-triggered seizure. Justice Peter O’Flaherty handed down the sentence to Brandon Tobin, referring to the death of 82-year-old Mildred “Millie” Brake as a tragic event. Tobin admitted guilt to manslaughter through criminal negligence.
In the Supreme Court, O’Flaherty emphasized the profound impact of Tobin’s actions on several lives, stating that Tobin’s decision to consume drugs despite knowing the potential for violence and harm was the primary reason for the sentence. Tobin was aware of the risks associated with his drug use, especially the likelihood of seizures leading to aggressive behavior towards his family members.
Brake, who had returned home from a St. Patrick’s Day event, lived with Tobin. She contacted her daughter, Tobin’s mother, to report a seizure he was experiencing. Tobin had previously suffered seizures due to a head injury from a dirt bike accident, with cocaine exacerbating the frequency of these episodes. Notably, Tobin had a history of post-seizure aggression, including an incident where he assaulted his girlfriend.
When Tobin’s mother arrived at the house, she found Brake injured on the floor, while Tobin was absent. Subsequently, emergency services were contacted, and Tobin was later located by the authorities. Tobin’s criminal record, including a prior conviction for aggravated assault with a baseball bat, was a factor in his sentencing.
Mitigating factors considered in Tobin’s case included his guilty plea, remorse, family support, and participation in rehabilitation programs. Conversely, aggravating factors included the vulnerability of the victim, the violent nature of the crime, Tobin’s criminal history, and the impact on Brake’s family. Tobin will be credited for time served pre-trial and was advised by O’Flaherty to use his remaining prison time for rehabilitation with the support of his mother.