Awaleh Ismail Hassan pleaded guilty to possession of a loaded restricted firearm contrary to s. 95(1) of the Criminal Code, stemming from a shootout where his friend was killed and he was injured.
The Crown sought a sentence of three years and six months imprisonment, while the defence requested a suspended sentence or time served.
The court considered the paramount principles of denunciation and deterrence for gun-related crimes, alongside significant mitigating factors including the accused's guilty plea, remorse, difficult background, lack of relevant criminal record, family support, and the harsh conditions of his pre-sentence custody, including medical neglect and the impact of anti-Black racism.
The court sentenced Mr. Hassan to two years less one day imprisonment, with enhanced credit for pre-sentence custody, resulting in one additional day of imprisonment followed by two years probation.
Ancillary orders included a lifetime weapon prohibition and a DNA order.