A. T. Sarantis

Trevon Williams was found guilty of unlawful possession of a loaded firearm, breach of probation, and breach of a weapons prohibition order.

The court considered aggravating factors including the possession of a concealed, loaded handgun in public (including a high school), a prior criminal history involving violence, and the fact that the offender was on probation and subject to weapons prohibition orders at the time of the offences.

Mitigating factors included the offender's youth (18 at the time of the offences) and the efficient conduct of the trial by the defence.

The court also considered the offender's cultural background as an African Canadian and individual of Aboriginal ancestry, noting the lack of a Gladue report but acknowledging the systemic issues.

The defence sought a sentence of time served, while the Crown sought a 6-year penitentiary sentence.

The court imposed a global sentence of 4.5 years, consisting of 4 years for firearm possession (including 34.5 months presentence custody credit), 6 months consecutive for breach of weapons prohibition, and 3 months concurrent for breach of probation.

The court also ordered forfeiture of the firearm and ammunition, lifetime weapons prohibition orders, and a DNA order.

The applicant sought a bail review of a detention order made by a Justice of the Peace.

The original detention was based on secondary grounds due to the applicant's extensive criminal record, history of non-compliance with court orders, and multiple outstanding charges, despite a joint submission for release on a recognizance without a surety.

The reviewing judge found errors in the original bail hearing, specifically the inadequate record for judicial discretion and the failure to provide notice of concerns before rejecting the joint submission.

However, upon a de novo review with an enhanced record, the court upheld the detention, finding a substantial likelihood of further criminal offences threatening public safety, given the applicant's incorrigible profile of violence and re-arrests while on bail.