Philip Tsui

Following the offender's convictions for firearms and breach offences, the Crown applied for forfeiture of $4,900 CAD and $325 USD seized during his arrest.

The court dismissed the application under the offence-related property regime, noting that drug trafficking is a CDSA offence, not a Criminal Code offence.

However, relying on expert evidence regarding indicia of drug trafficking and the offender's criminal history, the court found beyond a reasonable doubt that the seized funds were proceeds of crime.

The forfeiture application was granted.

The offender was convicted of possessing a loaded prohibited firearm and pleaded guilty to multiple breaches of court orders, including a weapons prohibition, recognizance, and probation.

The firearm was thrown from an 11th-floor window during a police raid and was found loaded and ready to fire.

The court found the firearm was possessed as a tool for drug trafficking, given the presence of scales, cash, and multiple cell phones.

As a recidivist firearms offender, the offender was sentenced to a total of 7 years' imprisonment, emphasizing denunciation and deterrence.

The accused was found guilty of unauthorized possession of a loaded restricted firearm, possession of a restricted firearm without a license, and possession of a firearm while prohibited.

The accused, a repeat offender with a prior firearms conviction, was carrying a loaded handgun in a backpack.

The court weighed the aggravating factors of carrying a loaded firearm in public and the accused's prior record against mitigating factors, including harsh pre-sentence custody conditions exacerbated by the COVID-19 pandemic.

A global sentence of six years was imposed, reduced by credit for pre-sentence custody.

The accused was tried for unlawful possession of a prohibited firearm and unlawful possession of a loaded prohibited firearm.

During the execution of a search warrant by the Emergency Task Force at an 11th-floor apartment, an officer stationed outside observed a loaded Glock handgun being thrown from a bedroom window.

The accused and his girlfriend were found in the bedroom.

The court rejected the defence's arguments that the officer could not have seen the gun fall or that it was planted, and found the girlfriend's testimony that she did not throw the gun credible.

The court concluded beyond a reasonable doubt that the accused threw the loaded firearm out the window upon hearing the police breach the door, and found him guilty on both counts.