ONTARIO

SUPERIOR COURT OF JUSTICE

DATE: 20150630

B E T W E E N:

HER MAJESTY THE QUEEN

Kerry Hughes and Marco Cuda, for the Crown

• and -

AHMED ABDULLAHI and
NAIMO WARSAME

I. Loui Dallas, for A. Abdullahi
Marcus Bornfreund, for N. Warsame

Reasons for Sentence

Trafford J.

THIS IS AN OFFICIAL COPY OF THE RULING THAT MAY BE USED FOR AN APPEAL IF IT IS SIGNED IN ORIGINAL BY TRAFFORD J.

Introduction

In March 2013 the TPS obtained a court order that authorized the interception of some phone conversations of some people until June 2013. Many calls of many people were recorded. The people included Ahmed Abdullahi ("Abdullahi"), Daud Hussein, Siyadin Abdi ("Abdi"), Mohamed Siad ("Siad"), Ayanle Omar, Ahmed Farah, Naimo Warsame ("Warsame"), Khadra Omer, Hanna Hassan and some other people. The languages spoken by many of the people was English, Somali and Patois. The calls were monitored live by the TPS at a central facility, and interpreted, where necessary, by civilian employees, such as Mahamed Osman, as to the Somali language, and Kurt Eccleston, as to the Patois. Transcripts of the conversations were prepared. Various investigative steps, such as surveillance of some suspected persons by the OPP and the TPS, were devised and implemented. Security videos of some pertinent events were obtained by the TPS. Search warrants were executed at places such as Apartment 1507 at 370 Dixon Road, Warsame's apartment. The interception of calls continued. At the end of the project, many people were arrested. Those people included Abdullahi and Warsame. Many charges were laid against them under the Code in June 2013.

On June 2, 2015 Ahmed Abdullahi and Naimo Warsame were found guilty by a jury of participation in the activities of a criminal organization from March 2013 to June 2013, contrary to s. 467.11 of the Code.

Verdicts of guilty were also returned against Abdullahi in connection with the events of March 31, 2013 under s. 92(1) of the Code, 5 counts of the possession of an unauthorized firearm, one for each of 5 firearms, s. 354(1) of the Code, possession of one of those firearms as property obtained by crime, and conspiracy to transfer illegal firearms, contrary to s. 99(1) and s. 465(1)(c) of the Code.

A verdict of guilty was also returned against Warsame in connection with the events of April 9, 2013 under s. 99(1) of the Code, the transfer of an illegal firearm.

A verdict of guilty was also returned against Warsame in connection with the events of April 25, 2013, under s. 92(1) of the Code, the possession of an unauthorized firearm in her bedroom, the transferred firearm.

Warsame was found not guilty for 2 counts under s. 92(1) of the Code in connection with the alleged possession of two other firearms in her bedroom on April 25, 2013. Those acquittals are not inconsistent with the conviction for the possession of the other firearm on April 25, 2013 in my view.

This is the sentencing of the defendants.

The Circumstances of the Case

Let me begin with the circumstances of the case, as found by the court, keeping in mind that aggravating circumstances must be proven beyond a reasonable doubt. See R. v. Gardiner (1982), 1982 30 (SCC), 68 C.C.C. (2d) 477 (S.C.C.). Any other fact must be proven on a balance of probabilities. See s. 724(3)(d) of the Code. The circumstances of the case must also be consistent with the verdicts of the jury. See R. v. Cooney (1995), 1995 707 (ON CA), 98 C.C.C. (3d) 196 (Ont. C.A.). Where the basis of the verdict is unclear, the trial judge should make his own findings of fact, consistent with the jury's verdict. See R. v. Roncaioli 2011 ONCA 378 and R. v. Ferguson, 2008 SCC 6, [2008] 1 S.C.R. 96 at para. 18. The trial judge should only make those findings of fact necessary for sentencing purposes. See Ferguson at paras. 18 and 21. That is the approach I have taken in this case.

The events of March 31, 2013, April 9, 2013 and April 25, 2013 are an important aspect of this case. It is necessary to review them in some detail.

[...continued verbatim...]

June 30, 2015 Trafford J.

THIS IS AN OFFICIAL COPY OF THE REASONS FOR SENTENCE THAT MAY BE USED FOR AN APPEAL IF IT IS SIGNED IN ORIGINAL BY TRAFFORD J.