Marco Cuda

The Crown and the accused brought pre-trial motions in a severed first-degree murder trial.

The Crown sought to admit circumstantial evidence, including wiretaps, rap videos, and photographs, to prove the accused's association with a gang leader who allegedly directed the murder.

The court admitted the evidence, subject to editing to remove prejudicial content, finding its probative value outweighed its prejudicial effect.

The accused brought a motion alleging a violation of his right to be tried within a reasonable time under s. 11(b) of the Charter.

The court dismissed the Charter motion, finding that after deducting defence delay, the net delay was below the 30-month presumptive ceiling, and the case's complexity justified the timeline.

Following jury convictions for participation in a criminal organization involved in trafficking firearms from Windsor to Toronto, the court imposed significant custodial sentences.

The organization coordinated the acquisition, transport, and distribution of numerous illegal firearms, some recovered through police surveillance and search warrants.

The accused participated at different levels of responsibility, with one acting as the leader organizing firearm transfers and others assisting as couriers and custodians.

Emphasizing denunciation and deterrence for firearm trafficking and organized criminal activity, the court imposed consecutive sentences pursuant to s. 467.14 of the Criminal Code.

The leader received a total sentence of 12 years less credit for pre‑trial custody, while the courier received 6 years less credit.