Andrew Giuseppe Antonio Confente

The Ontario Court of Justice found Larry Bomberry guilty of possessing methamphetamine for the purpose of trafficking and possessing property obtained by crime.

Despite thin evidence of active trafficking at the time of arrest, the court held that the quantity of drugs (62.48 grams) and over $1,400 in cash supported the inference that Bomberry possessed the drugs as part of an ongoing trafficking operation.

The court rejected Bomberry’s claim that the drugs were for personal use based on implausible explanations for his cash, inconsistent timeline evidence, and expert testimony on trafficking indicia.

The decision applies the W.(D.) principles and the Villaroman circumstantial evidence framework to conclude that trafficking was the only reasonable inference.

The accused pleaded guilty to criminal harassment and breach of probation, marking his fifth conviction for criminal harassment.

The Crown and defence presented a joint submission for an 8-month conditional sentence.

The court rejected the joint submission, finding it inadequate given the aggravating factors, including the accused's extensive criminal record for similar offences, the harassment of a witness to a criminal offence, repeated violations of warnings and trespass orders, and intimidation of the victim's child.

Emphasizing general and specific deterrence, denunciation, and victim safety, the court imposed an 18-month custodial sentence, followed by 3 years of probation, a lifetime s. 109 order, and a DNA order.

Four accused were charged with first degree murder in the death of the victim, who was shot in the chest on November 30, 2013.

One accused conceded committal.

The remaining three accused contested committal.

The Crown's theory was that the accused, motivated by prior animus, planned and deliberately ambushed and murdered the victim with the assistance of an accused who possessed a firearm.

The court examined extensive surveillance video evidence, cell phone records, and witness testimony to determine whether sufficient evidence existed for committal on first degree murder charges.

The court found that the evidence, largely circumstantial, supported inferences that the three accused collectively planned and deliberately executed the murder and committed to the enterprise without resiling from it.

The Hamilton Spectator applied to unseal production orders and Informations to Obtain (ITOs) that had been sealed in connection with a fraud investigation involving allegations that the accused defrauded Citizenship and Immigration Canada of over four million dollars.

The court dismissed the application on jurisdictional grounds, finding that because one accused was awaiting trial in Superior Court and the mode of trial for the other two accused had not been determined, the application should be brought before a Superior Court judge rather than the Ontario Court of Justice.