Pharah Bacchus

The accused, a 23-year-old Black man, was found guilty of possessing a loaded prohibited firearm with an over-capacity magazine.

He fled from police and discarded the firearm in a schoolyard.

The Crown sought a four-year penitentiary sentence, while the defence sought a conditional sentence.

Applying the principles from R. v. Morris, the court considered an Enhanced Pre-Sentence Report detailing the impact of systemic anti-Black racism, educational disadvantages, and exposure to gun violence on the accused.

Balancing denunciation and deterrence with the accused's young age, lack of prior record, and good prospects for rehabilitation, the court imposed a conditional sentence of two years less a day, followed by two years of probation.

The accused was charged with multiple firearm offences after police observed him pull a handgun from his satchel during a takedown.

The accused fled through a schoolyard and was arrested shortly after without the firearm.

A loaded handgun was found the next morning in the schoolyard along the accused's flight path.

The court rejected the accused's testimony as not credible and found that the circumstantial evidence, combined with the officers' observations, proved beyond a reasonable doubt that the accused possessed and discarded the firearm.

The accused was found guilty on all counts.

Sentencing decision arising from convictions for a massive home collection of child pornography, making images available online, and a separate commercial enterprise that produced, marketed, imported, exported, and sold child pornography films internationally.

The court imposed consecutive penitentiary terms for the home collection and the business operation, with a concurrent sentence for possession of proceeds of crime, then reduced the global sentence after finding that the offender suffered verbal abuse, one physical assault, and other improper treatment by persons in authority while in pre-sentence custody.

Applying proceeds-of-crime jurisprudence, the court rejected the Crown's request based on gross sales and instead fixed a fine in lieu of forfeiture based on the offender's actual financial benefit.

Ancillary orders included lifetime SOIRA registration, a DNA order, a long-term s. 161 prohibition, a lifetime firearms prohibition, and probation.

The offender, a 20-year-old with a related criminal record, was convicted by a jury of robbery and using an imitation firearm.

He and three others surrounded a vehicle, and one pointed an imitation firearm at the victims, demanding their property.

The Crown sought a three-year sentence, while the defence sought a sentence under two years.

The court emphasized denunciation and deterrence, balanced with the offender's youth and rehabilitative prospects, imposing a total sentence of 36 months (20 months for robbery, 16 months for the imitation firearm), less 15 months of enhanced pre-sentence credit, followed by two years of probation.

The accused was charged with drug trafficking and firearms offences after police executed a search warrant at his apartment and found crack cocaine, cash, and a loaded handgun in a safe.

The accused challenged the validity of the search warrant and the lawfulness of the search under the Charter.

The court upheld the search warrant, finding the confidential informant information reliable, and ruled the search of the safe was authorized by the warrant.

During the trial, an unusual procedural issue arose requiring defence counsel to testify regarding a prior inconsistent statement made by a defence witness.

Ultimately, the court rejected the accused's testimony that he did not know about the gun, finding him guilty of possession of a loaded prohibited firearm, possession of cocaine for the purpose of trafficking, and possession of proceeds of crime.