M. Owah

Sentencing decision following convictions for trafficking in cocaine, possession of cocaine for the purpose of trafficking, possession of property obtained by crime, and firearms offences including possession of a loaded prohibited or restricted firearm and attempted possession of a firearm without a licence.

The offender participated in a drug trafficking network connected to a large organized criminal operation and sought to obtain firearms through associates.

The court emphasized denunciation and deterrence due to the combination of illegal drugs and firearms, persistent commercial trafficking activity, and the offender’s association with an organized drug trafficking network.

Aggravating factors included the offender’s ongoing trafficking, lack of remorse, and efforts to acquire firearms, while mitigating factors included youth, a relatively minor criminal record, and factual admissions at trial.

Applying the principle of totality, the court imposed a global sentence of seven years’ imprisonment, together with a lifetime weapons prohibition and a DNA order.

The accused was tried before a judge alone on multiple drug and firearm offences arising from a large police investigation into organized drug trafficking.

The Crown relied heavily on intercepted private communications interpreted through expert testimony regarding drug and firearms terminology.

The accused admitted some drug possession but asserted that coded language referred to marihuana rather than cocaine and that references to firearms concerned a paintball gun.

The court rejected the accused’s explanations as implausible and inconsistent with the surrounding evidence, including expert interpretations, seizure evidence, and contextual communications.

The court concluded beyond a reasonable doubt that the accused trafficked crack cocaine, attempted to obtain an illegal firearm, possessed a firearm, possessed cocaine for the purpose of trafficking, and possessed proceeds of crime, but was not guilty of trafficking in marihuana.