M.D. Forestell

The accused was charged with possessing and transferring firearms, and possessing proceeds of crime, following an undercover police operation.

The Crown alleged the accused was the supplier of firearms sold by a co-actor to an undercover officer.

The court admitted various pieces of evidence, including cross-count similar fact evidence, adoptive admissions, and hearsay statements under the co-actors' exception.

However, applying the standard for circumstantial evidence, the court found that while the evidence was highly suspicious, it supported other reasonable inferences, such as mere association or involvement in other criminality.

The Crown failed to prove guilt beyond a reasonable doubt, and the accused was acquitted.

The offender pleaded guilty to possession of a loaded prohibited firearm, breach of a weapons prohibition, and possession of cocaine for the purpose of trafficking.

The Crown and defence agreed that the appropriate sentence before pre-sentence custody credit was seven years.

The court considered the exceptionally harsh conditions of the offender's pre-sentence custody, including frequent lockdowns and COVID-19 restrictions at the Toronto South Detention Centre.

Applying the principles from Duncan and Marshall, the court reduced the otherwise appropriate sentence by two years to account for these harsh conditions, resulting in a five-year sentence.

After applying enhanced credit for time served, the offender was sentenced to 98 days going forward.

The Crown appealed the respondent's acquittal on a charge of refusing to provide a breath sample.

The trial judge had acquitted the respondent after finding a reasonable doubt regarding the validity of the officer's demand, based on concerns about the officer's credibility regarding the smell of alcohol.

The Superior Court of Justice dismissed the appeal, finding that the trial judge did not conflate objective reasonableness with proof beyond a reasonable doubt, properly assessed the factors for reasonable suspicion, and provided sufficient reasons for his credibility findings.