R. v. Koczab, 2014 SCC 9, [2014] 1 S.C.R. 138

Brittney Hawboldt pleaded guilty to multiple offences including reckless discharge of a prohibited firearm, possession of a restricted firearm, dangerous operation of a motor vehicle, and various breaches of release orders.

The court considered aggravating factors such as the serious nature of the firearm and driving offences in a public place, and mitigating factors including her guilty plea, remorse, difficult childhood, and rehabilitative efforts.

The Crown sought a global sentence of six years.

The court imposed a global sentence of six years, granting significant credit for pre-sentence custody under harsh conditions and for time spent under stringent bail conditions, resulting in a balance of three years and one month remaining to be served.

Ancillary orders included a lifetime weapons prohibition, DNA order, and a 10-year driving prohibition, while declining restitution and victim fine surcharge.

Treyshawn Duffy pleaded guilty to possession of cocaine for the purpose of trafficking, possession of a loaded restricted weapon, and possession of an overcapacity magazine while prohibited.

The court considered aggravating factors, including his criminal record and the commercial nature of the drug operation, alongside significant mitigating factors such as his guilty plea, demonstrated remorse, strong family support, efforts towards rehabilitation, and the impact of a difficult childhood marked by poverty and violence, including the effects of anti-Black racism.

The Crown sought a 4.5-year global sentence, while the defence proposed 4 years.

The court imposed a global sentence of 4 years, granting credit for pre-sentence custody, including enhanced credit for lockdown days, and considering restrictive bail conditions.

Ancillary orders included a lifetime weapons prohibition, a DNA order, and forfeiture of seized items.

Shamar Brown was convicted of drug trafficking and gun possession, including a loaded handgun with an over-capacity magazine, cocaine, Oxycontin, and Xanax for trafficking.

He had an extensive criminal record with multiple firearm convictions and was on federal parole and subject to firearm prohibitions at the time of arrest.

The Crown sought a 10-year sentence, while the defence argued for a 7-7.5 year sentence, reduced to 4.5 years due to harsh custody conditions and a Charter breach.

The court imposed a total sentence of 10 years, applying 1.5:1 credit for pre-trial custody, resulting in 8 years, 5 months, and 15 days remaining to serve.

The court considered aggravating factors such as his criminal history and public threat, and limited mitigating factors, while dismissing the anti-Black racism argument due to lack of specific evidence.

The appellant was convicted of simple possession of cannabis marihuana.

On appeal, the appellant challenged the trial judge's application of the Grant criteria for the exclusion of evidence under s. 24(2) of the Charter, arguing that his s. 10(b) Charter right to counsel was breached.

The trial judge found a s. 10(b) breach but admitted the evidence, characterizing the breach as minimal.

The appellate court found that the trial judge erred in characterizing the seriousness of the breach and in failing to properly apply the second and third Grant guidelines.

The court concluded that the deliberate nature of the officer's conduct, which encouraged self-incrimination without advising of the right to counsel, constituted a serious breach with significant impact on the appellant's Charter rights, outweighing society's interest in admitting the evidence of a minor drug offence.

The appeal was allowed, the conviction set aside, and an acquittal entered.