Nabeel Sheiban

The court sentenced Jamaal Lloyd Williams following his guilty plea to possession of cocaine for the purpose of trafficking, possession of a loaded restricted firearm, and breach of a prohibition order.

The sentencing reasons review the factual background, Mr. Williams' criminal record, the harsh conditions of pre-sentence custody, and the joint submission of counsel.

The court considered the impact of systemic racism, the seriousness of the offences, and the mitigating effect of the guilty plea and pre-sentence custody conditions.

A global sentence of 7.25 years was imposed, with credit for pre-sentence custody, and ancillary orders including a lifetime weapons prohibition, DNA order, and forfeiture of seized property.

The applicant applied for a stay of proceedings under s. 11(b) of the Charter, arguing that the delay to his trial exceeded the 30-month Jordan ceiling.

The trial was originally scheduled within the ceiling but was not reached due to a lack of available judges.

The court found that the Crown discharged its onus of establishing exceptional circumstances, attributing 90 days of delay to the Covid-19 pandemic backlog in the Ontario Court of Justice.

Additionally, the court attributed 84 days of delay to the defence due to counsel's unavailability for earlier rescheduled trial dates, despite finding no fault on the part of the defence.

The application for a stay was dismissed.

The offender pleaded guilty to possession of cocaine for the purpose of trafficking.

The Crown sought 18 months' imprisonment, while the offender sought a conditional sentence.

The court considered the offender's background as a Black man raised in an impoverished, racialized community, as well as his significant rehabilitative efforts while on bail, including establishing a successful music business and mentoring disadvantaged youth.

The court found that a conditional sentence of two years less one day would adequately address denunciation and deterrence while promoting rehabilitation.

Jeremy Kandhai pleaded guilty to possession of a prohibited firearm with accessible ammunition and breach of a firearms prohibition order.

The sentencing was expedited due to the COVID-19 pandemic.

The court considered the 30 months (45 months with 1.5x credit) pre-trial custody, enhanced credit for lockdowns, an early guilty plea, and an assault suffered by the accused in custody.

The judge determined that the appropriate overall disposition was time served, emphasizing the increased hardship of incarceration during the pandemic as a significant factor.

Three offenders were convicted of manslaughter following a botched home invasion robbery targeting a drug dealer.

The offenders planned to use extreme violence, bringing weapons and gasoline, but mistakenly encountered the target's brother, who was stabbed to death by one of the offenders.

The court found the offence to be an aggravated manslaughter due to the high degree of planning, the home invasion context, and the extreme violence intended.

The court sentenced the stabber to 13 years and the other two offenders to 11 years, less credit for pre-trial custody.

Requests for enhanced credit due to lockdown conditions were denied for lack of evidence of detrimental impact.