Carimé Boehr

The offender was convicted of unauthorized possession of a loaded firearm following an acquittal for second-degree murder.

The Crown sought 8-10 years, while the defence sought 4-6 years.

The court considered the offender's serious criminal record, including prior firearm and violence convictions, and breaches of weapons prohibitions, as aggravating factors.

Mitigating factors included his youth, family support, disadvantaged background, and harsh pre-sentence custody conditions.

The court determined the appropriate range for a second s. 95 offence is 6-9 years and imposed a sentence of 7 years, less 834 days of enhanced credit for pre-sentence custody.

The accused, Naod Tsegazab, was charged with second-degree murder and unlawful possession of a loaded firearm after a fatal shooting in an apartment stairwell.

The co-accused, Joseph Bryan, was charged with accessory after the fact to murder.

The Crown's case relied heavily on circumstantial evidence and surveillance video.

The court found an air of reality to Tsegazab's claim of self-defence, as the deceased had led him into the stairwell and fired ten shots at him.

The Crown failed to prove beyond a reasonable doubt that Tsegazab did not act in self-defence.

Tsegazab was acquitted of murder but convicted of the firearms charge.

Consequently, Bryan was acquitted of being an accessory after the fact.