R. Mwangi

The offender, a 21-year-old first-time offender, was sentenced for possessing a loaded firearm and 85 grams of fentanyl for the purpose of trafficking.

The court considered the serious aggravating factors of the deadly nature of fentanyl and the danger posed by the loaded firearm during a police raid.

Mitigating factors included the offender's youth, lack of prior record, supportive family, and the impact of anti-Black racism and socio-economic disadvantage on his background.

The court also factored in harsh pre-sentence custody conditions due to COVID-19 lockdowns.

A total sentence of 6 years was imposed after applying the totality principle, with 55 months of enhanced pre-sentence credit, leaving 17 months to serve.

The accused, facing firearms charges, brought pre-trial motions challenging the validity of a search warrant and a warrantless search of an Instagram account under s. 8 of the Charter.

They sought further disclosure and leave to cross-examine the affiant, arguing that a confidential informant was actually a police agent.

The court dismissed the disclosure and cross-examination motions, finding no evidence to support the police agent theory.

The court upheld the search warrant, concluding the information provided by informants was compelling, credible, and corroborated.

The court also dismissed the challenge to the Instagram search, finding the accused lost his reasonable expectation of privacy by accepting a stranger's follow request.

The accused was charged under s. 212(2) of the Criminal Code with living on the avails of prostitution of a person under eighteen.

The complainant, a sixteen‑year‑old, arranged to engage in prostitution from hotel rooms rented by the accused and paid him a portion of her earnings.

The accused argued he believed the complainant was eighteen and was merely assisting her with accommodation.

The court rejected the accused’s credibility and held he took no reasonable steps to ascertain the complainant’s age as required by s. 150.1(5).

The court concluded that by receiving money earned through prostitution and facilitating the activity by renting hotel rooms, the accused was living on the avails of prostitution.