Emma Skowron

Duy Tam Nguyen was convicted of multiple drug trafficking and firearm possession offences after police found significant amounts of cocaine, methamphetamine, and two firearms in a "stash house" he operated.

The court considered aggravating factors, including a prior criminal record and the sophistication of the operation, and mitigating factors such as rehabilitative prospects and pre-sentence custody conditions.

The judge applied the principle of totality to determine appropriate concurrent and consecutive sentences for the various counts, ultimately imposing a total sentence of seven years and eight months imprisonment, along with ancillary orders for DNA sample and a lifetime firearm prohibition.

Prajaphan Sivashothy was found guilty by a jury of possession for the purpose of trafficking 55.78 grams of fentanyl.

This decision concerns his sentencing.

The court considered aggravating factors, including the deadly nature and quantity of fentanyl and the high moral culpability involved in trafficking such a substance.

Mitigating factors included the offender's youth, lack of prior record, and positive rehabilitation prospects, tempered by a lack of insight into his actions.

The Crown sought a 6.5-year custodial sentence, while the defence proposed a conditional sentence.

The court determined that a conditional sentence was inadequate given the gravity of the offence and the strong need for denunciation and deterrence, imposing a sentence of 5 years in prison, a mandatory DNA order, and a 10-year s. 109 prohibition.

The request to waive the victim surcharge was denied.

The accused, Duy Tam Nguyen, was charged with multiple drug and firearm offences following his arrest with a co-accused.

Police found methamphetamine, cash, and keys to a rooming house unit on Nguyen.

A subsequent search of the unit revealed more methamphetamine, cocaine, firearms, drug trafficking paraphernalia, and Nguyen's identification documents.

The primary issues at trial were whether circumstantial evidence proved Nguyen's possession of the drugs and firearms and if the cash was proceeds of crime.

A secondary issue was the admissibility and weight of the co-accused's exculpatory statements.

The court found Nguyen guilty of possession of methamphetamine for trafficking (on person and in unit), possession of non-restricted and restricted firearms, and possession of cocaine for trafficking.

He was found not guilty of possession of proceeds of crime due to insufficient evidence.

The applicant, an inmate, challenged the Warden's decision to reclassify him from medium to maximum security and involuntarily transfer him, via an application for habeas corpus.

The applicant argued the decisions were unreasonable and procedurally unfair due to insufficient disclosure and improper gisting of information under s. 27(3) of the Corrections and Conditional Release Act and Commissioner's Directive 701.

The court reviewed a sealed affidavit and found that the prison authorities strictly complied with disclosure obligations and procedural fairness principles as outlined in Mission Institution v. Khela.

The court also found the reclassification and transfer decision to be reasonable, falling within the range of acceptable outcomes and supported by the record, deferring to the expertise of prison authorities.

The application for habeas corpus was dismissed.