A. Goldkind

The offender was sentenced for aggravated assault, pointing a firearm, and multiple firearms possession and breach offences arising from two separate incidents.

In the first incident, the offender confronted a victim with a loaded handgun, pistol-whipped him, and the gun discharged during the ensuing struggle.

In the second incident, the offender was arrested at a residence where a second illegal handgun was found.

The court weighed the aggravating factors of the public nature of the assault and the offender's breach of recent bail conditions against mitigating factors including his youth, remorse, and rehabilitative efforts.

A global sentence of 5.5 years was imposed, reduced to 39 months after applying credit for pre-sentence custody and harsh lockdown conditions.

The accused confronted the victim with a loaded handgun, believing the victim had assaulted his girlfriend.

The accused pistol-whipped the victim, causing the gun to discharge accidentally.

A struggle ensued, and the gun discharged twice more.

The accused was charged with attempted murder, discharging a firearm with intent to endanger life, aggravated assault, and pointing a firearm.

The court found the accused guilty of aggravated assault and pointing a firearm, but acquitted him of attempted murder and discharging a firearm with intent, finding the Crown failed to prove the specific intent required for those offences beyond a reasonable doubt.

The accused was charged with possession of fentanyl for the purpose of trafficking.

During a police surveillance operation targeting another individual, the accused was arrested in a gas station parking lot after allegedly attempting to flee.

A search incident to arrest revealed fentanyl patches in his pocket.

The accused brought a Charter application arguing his ss. 8 and 9 rights were violated.

The court found that the police lacked reasonable grounds to either arrest or detain the accused, as there was no nexus between him and the target of the investigation.

The court concluded the arrest was arbitrary and the subsequent search was unreasonable.

Applying the Grant framework, the court excluded the fentanyl evidence under s. 24(2) of the Charter, finding the police conduct demonstrated a deliberate disregard for Charter rights.