Geary Tomlinson

The defendant was charged with assault, assault with a weapon, kidnapping, forcible confinement, pointing a firearm, and firearm possession offences following a police stop on April 6, 2024.

The Crown's case relied primarily on the testimony of the alleged victim, whose account was riddled with contradictions and demonstrated significant credibility issues.

The defendant testified that he had no knowledge of the firearm and denied assaulting or confining the alleged victim.

The court found the Crown failed to prove any charges beyond a reasonable doubt and acquitted the defendant on all counts.

The defendant was charged with multiple drug trafficking and firearm offences.

He admitted to trafficking cocaine and possessing proceeds of crime, and cocaine for trafficking.

The contested charges were possession of a firearm and possession of fentanyl for trafficking.

The court found the defendant guilty of the firearm charges, rejecting his explanation that the firearm belonged to another individual, Bogdan, due to inconsistencies in his testimony and strong circumstantial evidence (defendant's bank card and personal ornaments found with the firearm).

However, the court acquitted the defendant of the fentanyl charge, finding reasonable doubt due to weaknesses in the prosecution's evidence regarding the location and association of the fentanyl with the defendant's documents, despite the defendant's impaired credibility.

Sheldon Livingston, a co-accused, brought a motion for severance from his co-accused, Yasmin Muzafary, to allow him to call her as a witness in support of his self-defence claim.

The court dismissed the application, finding that the applicant failed to demonstrate a reasonable possibility that the co-accused would testify if severed, or that her testimony would favorably affect the verdict, especially given the strong video evidence of a joint attack.

The court emphasized the strong presumption in favour of joint trials for co-accused acting in concert and the public interest in judicial efficiency.

The defendant, Letrae Paul Shallow, was convicted of possession of cocaine for the purpose of trafficking.

The Crown sought a 15-month jail sentence, while the defence requested a suspended sentence with three years' probation, citing exceptional circumstances and a Charter breach.

The court considered mitigating factors, including the defendant's youth, lack of criminal record, rehabilitative efforts, strong family and community support, and significant personal growth since the offence.

Aggravating factors included the quantity of cocaine (21.79 grams) and the commercial nature of the trafficking.

The court found some exceptional circumstances but determined they did not warrant a sentence entirely outside the usual range for this offence.

Balancing denunciation, deterrence, and rehabilitation, the court imposed a 90-day intermittent sentence, less two days pre-sentence custody, followed by three years' probation with specific conditions, and a ten-year weapons prohibition order.

The accused was stopped by police for using a cell phone while driving.

During the stop, the officer smelled fresh marihuana and subsequently observed a bag of marihuana in plain sight.

The accused was arrested for possession of marihuana, and a search incident to arrest revealed crack cocaine.

The accused brought a Charter application alleging breaches of ss. 8, 9, 10(a), and 10(b), seeking to exclude the cocaine under s. 24(2).

The court found minor breaches of ss. 8 and 10(b) because the officer asked a question about the bag before advising the accused of his rights.

However, applying the Grant framework, the court concluded the breaches were minor, the police acted in good faith, and the evidence was reliable.

The application to exclude the evidence was dismissed.

The offender, a 20-year-old with a criminal record, was found guilty of multiple firearm offences after police seized a loaded revolver from his vehicle.

He attempted to flee from police during the arrest.

The court weighed the aggravating factors of possessing a loaded firearm in public and his prior record against his youth and difficult upbringing.

The court imposed a total sentence of 51 months, reduced to 25 months after credit for pre-sentence custody.