Court File and Parties

COURT FILE NO.: CR-23-0149-00 DATE: 2024-06-07

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

HIS MAJESTY THE KING M. Haque, for the Federal Crown T. Bud, for the Provincial Crown

- and -

RICHARD GURHAN N. Decock, for the Accused

HEARD: February 13, 14, 15, 16, March 25, 2024, at Thunder Bay, Ontario

Regional Senior Justice W. D. Newton

Criminal Judgment

Overview

[1] Richard Gurhan is charged on an Indictment alleging the following criminal offences:

i. Careless storage of a firearm, contrary to section 86(1) of the Criminal Code; ii. Unauthorized possession of a firearm, contrary to section 91(1) of the Criminal Code; iii. Possession of a firearm knowing its possession was unauthorized, contrary to section 92(1) (1) of the Criminal Code; iv. Possession of a restricted weapon with ammunition, contrary to section 95 (a) of the Criminal Code; v. Possession of proceeds of crime (over $5000), contrary to section 354(1) (a) of the Criminal Code; vi. Possession of oxycodone, contrary to section 4(1) of the Controlled Drugs and Substances Act ("CDSA"); and vii. Possession of cocaine for the purpose of trafficking, contrary to section 5(2) of the CDSA.

[2] Mr. Gurhan was charged following the execution of search warrants on a residence known as 938 Crawford Place in Thunder Bay, Ontario (“938 Crawford”), and on a Hyundai Kona bearing license plate CSJK 228 (“the Kona”).

The Facts

[3] Fourteen police officers testified. A number of police videos and photographs were entered as exhibits. Two surveillance videos and four security camera videos were also entered as exhibits along with Mr. Gurhan’s booking room video, his “mug shot”, and his booking sheet and a booking room video of Mr. Liban Mahdi.

[4] The booking sheet described Mr. Gurhan as 5’ 11”, thin build, weighing 155 lbs. His birth date was noted as June 9, 2000, and he had a Toronto address. His driver’s licence was used as identification. It was noted that he spoke to his counsel at 20:19.

[5] Mr. Gurhan did not testify and called no evidence.

Admissions

[6] The following facts were admitted:

a. Richard Gurhan was not the holder of a firearm registration certificate; b. The substances found were cocaine, oxycodone, and oxycocet; c. The currency seized totaled $8,455.00; d. 64.55 grams of cocaine was seized with an estimated street value of between $5,164 - $6,455; e. 240.68 grams of crack cocaine was seized with an estimated street value of between $24,068 to $48,136 (the latter being the typical local price); f. The evidence seized, including the drugs, cash, digital scale, and packaging material, indicates that the cocaine and crack cocaine was being possessed for the purpose of trafficking; g. Although there does not appear to be a valid prescription for the 64 oxycocet pills, the police expert is unable to determine whether possession was for personal use or trafficking.

Emergency Task Unit

[7] Officers of the Emergency Task Unit (ETU) assisted with the execution of a CDSA search warrant at 938 Crawford.

[8] Constable Trevor Lind was the officer designated as the “breacher” to open the door, who usually uses a ram. Entry was made at 19:36 on November 11, 2021, at the rear door. After assisting with clearing the residence, Cst. Lind was called to assist officers at a bedroom located closest to the rear door. Four “black” males were located within. He handcuffed all to the rear. The four males were advised that they were detained and that investigators would be with them shortly. Custody of the four males was then handed off to Intel (Intelligence) officers.

[9] Constable Michael Coelho was the first officer to enter the house through the rear door. He confirmed that it was a “dynamic” entry without a “knock and announce”.

[10] Prior to executing the warrant, the ETU team was given a briefing from the sergeant who advised them that there may be weapons present, and that five people were present. Two individuals were described as the occupants, Johnna Sonego and Brian Comeau. The others were described as: Steve, a white male, short, 5’7”, dirty blond ponytail, late 20s; Josh, a black male in his 20s, thin goatee, about 6’ tall; and Lou, black male, about 6’2”, thin build, approximately 30.

[11] Constable Coelho entered the first bedroom to the left and found four black males, all wearing dark clothing. He and Constable Poling detained these males. Once the residence was deemed safe and secure by their sergeant, Intel officers came right away and took custody of the four males. The ETU team was cleared at 19:40.

Intelligence Unit

[12] Detective Constable Dennis Vincent was first involved in this investigation on November 10, 2021 and assisted with surveillance at 938 Crawford at 13:45, and on the Kona. He was given a description of the residence and of three potential targets. The descriptions were as recorded by Constable Coelho.

[13] On November 10, DC Vincent observed approximately a dozen people entering and exiting the rear of 938 Crawford. Each stayed for a short duration – anywhere from 3 to 10 minutes.

[14] During surveillance, DC Vincent also assisted in following the Kona from 938 Crawford to 288 Windsor Street, Thunder Bay (“288 Windsor”).

[15] On November 11, he returned to 938 Crawford from 10:40. At one point the Kona was followed from 938 Crawford to a local mall.

[16] At 19:28, the search warrant on 938 Crawford was executed and DC Vincent entered through the rear entrance at 19:31. His role was to conduct a pre-search video of the interior of the residence. That video was made an exhibit. The video is approximately four minutes and 15 seconds in duration. It depicts the front door as barricaded with a washing machine and other furniture. He did not have any contact or dealings with any of the individuals in custody. Another officer took photos of any exhibits within 938 Crawford.

[17] Shortly after completing the pre-search video, DC Vincent attended at the police station to take photographs of the Kona that had been towed to the police garage. He took photographs of the backpack in the rear passenger area and of five bags located in the trunk including some gym bags; one pack; a garbage bag; and a yellow grocery bag. These bags contained clothing and personal items.

[18] Within the vehicle’s console, between the driver’s seat and the front passenger seat, two bags were located containing drugs. Also found in the console was a loaded 9 mm Glock handgun. A plastic covering had to be lifted and removed to access these items, as the items were not visible beneath the plastic covering. One bag contained 64.55 g of a substance. The other contained 225.44 g of a substance.

[19] In cross-examination, DC Vincent was questioned about a photograph which depicts a key fob on a stove with a date and time stamp of November 11, 2021, 20:20. The search video, which is said to begin at 20:12, does not show a key fob on the stove; however, it does show a different key, not a fob, on the adjacent washing machine. DC Vincent believed that DC Carson took this photograph.

[20] With respect to the search of the Kona, DC Vincent confirmed that two passports were located in the bags in the trunk. One bore the name of Hassan Ali, and the other Shervin Doyle. He confirmed that there was no identification or any other documentation bearing the name of Richard Gurhan within the Kona.

[21] Detective Constable Christopher Carson was first involved in this investigation on November 10, 2021 when he was tasked with assisting with surveillance at 238 Crawford and on the Kona. He observed three males exiting 238 Crawford and entering the Kona. The officers followed the Kona which drove from 938 Crawford to 288 Windsor, and which shortly thereafter returned to 938 Crawford.

[22] DC Carson’s involvement with surveillance continued the next day on November 11 in the morning. At 17:34 the Kona was driven to the area of Selkirk and Sills Street. The Kona was lost from surveillance shortly, but when DC Carson returned to 938 Crawford at 8:25, the Kona was back there again.

[23] A warrant had been obtained for 938 Crawford and the Kona. On November 11, 938 Crawford was entered at around 19:30. DC Carson did not deal with the accused. He dealt with two other individuals, Hassan Ali and Shervin Doyle, who were given their rights to counsel and caution and were searched.

[24] DC Carson was the exhibit officer and, at 20:26, police commenced the search. Photographs of the search were made exhibits. In the bedroom where the four males were located, a bundle of currency was found on the floor behind a cabinet. Also found were several cell phones, two bottles of Percocet pills, and a Triton digital scale contaminated with a white substance.

[25] DC Carson was shown the photograph of the key fob on the stove bearing a timestamp of 20:02. He thought that DC Vincent took this photograph because the key fob was taken from the residence when it was determined that it corresponded to the Kona which was going to be towed and searched at the police station.

[26] In cross-examination, he advised that he did not know who took the key fob or who labelled the photograph of the key fob on the stove as “keys to rental car Kona located on stove in 938 Crawford Place”. He reiterated that he did remember seeing the key fob on the stove but did not know who took it. He assumed the key fob was taken because the vehicle was removed and searched back at the station.

[27] Detective Constable Michael Jacobson is in the Drug Unit. His initial involvement with this investigation was setting up a covert camera on November 10, 2021, which captured the front door and driveway of 938 Crawford.

[28] The next day, November 11, he was briefed because a warrant for both the house and the Kona had been granted. The information at the briefing was that there were three individuals who were believed to be selling drugs from 938 Crawford. After the ETU entry into 938 Crawford, DC Jacobson entered and immediately dealt with one of the males found within, Liban Mahdi. At 19:37 he read Mr. Mahdi his right to counsel and caution and then passed him off to another officer for transport. He did not deal with any other individuals found in the residence.

[29] The search of the interior of 938 Crawford began at 20:26. At 20:40, he was assigned to search the Kona at the police station. It was his recollection that Sgt. Ball of the OPP had the keys to the Kona and had followed the tow truck back to the police station where the Kona was to be searched.

[30] During the search, two bags of drugs and a loaded 9 mm handgun were found behind a panel underneath the gear shift and middle console. These items were not in plain sight and one panel had to be removed before one of the bags containing drugs could be observed. When another panel was removed, the handgun became visible. DC Jacobson testified that it was relatively easy to remove the first panel but that the second panel was more difficult.

[31] In cross-examination, he confirmed that identification information for Shervin Doyle and Hassan Ali were located within bags found in the rear of the Kona, and that nothing with Mr. Gurhan’s name was found in the Kona.

[32] Detective Constable Jarrett Hay was the lead investigator in this case and the applicant for the ITO (Information to Obtain) for 938 Crawford and the Kona. He authorized the installation of a covert camera on November 10, 2021, to capture activity at the front and driveway of 938 Crawford. He reviewed video from that covert camera which showed eight persons entering and exiting that residence for a brief period between 6:00 p.m. on November 10 to just after midnight on November 11. That covert camera continued to capture footage on November 11. The videos were entered as exhibits. The video depicts a male with a dark sweater and hood up with keys in his right hand, approaching the vehicle. At various times, individuals are observed approaching the vehicle, and keys are seen.

[33] Four other videos from November 10, 2021 obtained from the Windsor Street complex surveillance cameras were also entered into exhibits. Those videos show the Kona entering and parking in the lot, followed by three males from exiting the Kona and walking to a unit at the Windsor Street complex, and then walking back to and entering the Kona.

[34] DC Hay testified that after the ETU entered 938 Crawford on November 11, he took custody of Mr. Gurhan with Constable Riabov and advised Mr. Gurhan of his right to counsel and caution for the charges of possession for the purpose of the trafficking and proceeds of crime. He testified that Constable Riabov located the Kona keys on Mr. Gurhan.

[35] The video from the “booking room” which depicts Mr. Gurhan being processed at the police station was also entered as an exhibit.

[36] In cross-examination, DC Hay repeated his testimony that the keys were located in Mr. Gurhan’s possession by Constable Riabov although his notes do not record that fact. He also testified that he did not know who labelled the photograph of the keys on the stove as “keys to rental car Kona located on stove”. He also testified that he did not know how the keys found by Constable Riabov got to the stove.

[37] On cross-examination, he also confirmed that there was never any DNA testing or testing for fingerprints done on the firearm. He confirmed that, although he was given a name of the person who rented the Kona, he made no attempt to contact that individual. He also confirmed that none of the cell phones located in the bedroom were subject to any searches.

[38] Detective Constable Dan Bartol entered 938 Crawford on November 11 after it had been cleared by the ETU. He arrested the homeowner, Johnna Sonego, and then conducted the search. He located a bundle of cash on the floor behind a cabinet. On the previous day he had enquired to determine who had rented the Kona and determined that the renter was Msambuka Kabongo. According to MTO records, Mr. Kabongo is a 6’ tall black male.

[39] Detective Constable David George counted the bundle of cash behind the cabinet. The bundle of currency totaled $8,060. Loose currency collected totaled $395.

[40] Constable Jeremy Riabov was part of the surveillance team on November 11, 2021 observing 938 Crawford and the Kona. He had been given a description of the suspects. He made several observations of vehicles arriving at 938 Crawford and of the occupants entering 938 Crawford for short periods. At 13:29 he observed the Kona leaving and then arriving at an apartment building at 238 May Street, Thunder Bay, (“238 May”). A short time later the Kona was followed to McDonald’s and then back to 238 May. The Kona was later followed to Intercity Mall, and then to a CIBC drive-through, and then back to 938 Crawford at 15:21. At 17:34 the Kona left 938 Crawford and was followed to 238 May, then to 288 Windsor, at which time the Kona was lost to surveillance at 18:20.

[41] Later that day Constable Riabov was also involved with the search warrant at 938 Crawford. His task was to transport anyone in custody to the booking room at the police station. He dealt with Omar Richard Gurhan. Mr. Gurhan was handed off to him by ETU near the rear entrance of 938 Crawford. Constable Riabov searched Mr. Gurhan and found the Kona key fob in Mr. Gurhan’s left pants pocket. He also found a driver’s licence. He testified that he believed that he put the key fob on a stove or counter in the kitchen area and then transported Mr. Gurhan and Mr. Ali to the police station.

[42] In cross-examination, Constable Riabov testified that he did not find anything else but was showed the booking room video in which bank cards were also found. He believed that he told either DCs Vincent or Bartol that the key fob was on the stove when he left at 19:53. He denied the suggestion that his notes were fabricated to state that the key fob was found in Mr. Gurhan’s possession and not on the stove. He confirmed that no drugs, cash, or weapons were found on Mr. Gurhan’s person.

[43] Detective Sergeant Perry Morgan was acting sergeant in November 2021 and was the officer in charge for the execution of the search warrant for 938 Crawford and the Kona. He entered after the ETU cleared the residence, and he left at 21:43. In cross-examination, he stated that in 2021, investigators were generally getting warrants to extract data from phones, “not every phone, but a lot of the time, yes.” He was not aware of whether the lead investigator sought warrants for the cell phones seized in this case.

[44] Jamie Ball was, in 2021 a sergeant with the OPP. His role was supervisor, as senior officer present. From 2018 he was assigned to a joint forces unit with the Thunder Bay Police Service. Previously, he had been with the city force.

[45] Mr. Ball entered 938 Crawford after the ETU. At 20:19 he left 938 Crawford and followed the tow truck that was carrying the seized Kona. He obtained the key fob for the Kona from the residence but did not recall who gave it to him. After the Kona was taken to the police station, he used the key fob to unlock it.

[46] Detective Constable Steven Brown transported Shervin Doyle and Liban Mahdi, who were also found in 938 Crawford, to the police station. He had no interaction with Mr. Gurhan except in assisting him to speak to his lawyer.

[47] Detective Constable Matthew Veal was a member of the surveillance team on November 11, 2021. Surveillance commenced at 11:04 and the Kona was parked in front of 938 Crawford. At 13:38 the Kona pulled up to the rear of 238 May, then attended a McDonald’s on Arthur Street, and then returned to 238 May. At 14:15 the Kona was followed to Intercity Mall where two individuals exited the vehicle and entered into the mall. DC Veal was in plain clothes and observed the two males in the mall. At 14:49 the males were observed exiting the mall towards the Kona. The Kona was not observed leaving the mall but was spotted at 18:00 in the area of Picton Street and Blucher Street. The surveillance team lost sight of the Kona and it was not located again until 18:40 when it was parked back at 938 Crawford.

[48] Thomas Harrison is currently an officer with the OPP. In November 2021 he was a Detective Constable with the Thunder Bay Police Service. He was part of the surveillance team on November 10, 2021 and was specifically the “scribe” or notetaker, meaning that he would record observations made by others and not necessarily make those observations himself. As part of the team, he followed the Kona from 938 Crawford to 288 Windsor. The team also observed approximately 9 to 10 “ins and outs”, short entries to 938 Crawford suspected to be drug purchases. In cross-examination he admitted that none of the individuals who were suspected to be purchasing drugs were questioned. In re-examination he explained that those individuals were not questioned so that the suspected drug sellers would not be tipped off.

Positions of the Parties

[49] The Crown acknowledges that this is a circumstantial case but submits that the only reasonable inference is that Mr. Gurhan knew of and had control of the drugs, firearm, and cash.

[50] The Crown submits that Mr. Gurhan had control of the vehicle. He possessed the keys and was observed as the only driver.

[51] Traffic to and from 938 Crawford was consistent with the sale of illegal drugs. One door was barricaded, and access was only by the rear door which could not be seen from the street. All four males were found in a room with the scale, cash, and several cell phones. Nothing found suggested that Mr. Gurhan or the other males resided at 938 Crawford even on a temporary basis.

[52] The Crown submits that the surveillance videos coupled with the video of Mr. Gurhan’s processing at the police station establish, beyond a reasonable doubt, that Mr. Gurhan was the driver of the vehicle. The Crown notes that the clothing worn by Mr. Gurhan in the booking room video are the same as the clothing depicted in the surveillance videos, and further notes the distinctive markings on Mr. Gurhan’s footwear.

[53] Counsel for Mr. Gurhan observes that all males arrested wore dark clothing, and points to similarities in the appearance of Mr. Gurhan to the other males arrested, including Mr. Ali whose passport was found within the vehicle. Counsel emphasizes that no drugs, cash, or weapons were found upon Mr. Gurhan when he was searched. Further, counsel notes that there was no forensic evidence linking Mr. Gurhan to the drugs or firearm.

[54] Counsel argues that the Crown has not established that the keys were found in Mr. Gurhan’s possession, noting the label on the photograph showing the keys which reads, “keys to rental car Kona located on stove in 938 Crawford Place”, and suggests that Constable Riabov’s notes were fabricated to state that the key fob was found in Mr. Gurhan’s possession.

[55] Counsel submits that, as there were lengthy periods of time when the Kona was not observed, the Crown cannot establish beyond a reasonable doubt that the drugs and firearm were in the Kona when Mr. Gurhan was operating the vehicle.

The Law

[56] The basic tenet of criminal law is that everyone charged with an offence is presumed to be innocent, unless, and until, the Crown proves the accused’s guilt beyond a reasonable doubt.

[57] With respect to cases based on circumstantial evidence, the Supreme Court of Canada in R. v. Villaroman, 2016 SCC 33 [1] stated the following at paras. 35-37:

35 If there are reasonable inferences other than guilt, the Crown's evidence does not meet the standard of proof beyond a reasonable doubt.

36 [A] reasonable doubt "is a doubt based on reason and common sense which must be logically based upon the evidence or lack of evidence". A certain gap in the evidence may result in inferences other than guilt. But those inferences must be reasonable given the evidence and the absence of evidence, assessed logically, and in light of human experience and common sense. [Citations omitted.]

37 When assessing circumstantial evidence, the trier of fact should consider “other plausible theor[ies]” and “other reasonable possibilities” which are inconsistent with guilt…. "Other plausible theories" or "other reasonable possibilities" must be based on logic and experience applied to the evidence or the absence of evidence, not on speculation. [Citations omitted.]

[58] A trial judge’s obligation is to consider the circumstantial evidence as a whole and its cumulative effect, cognizant of the inter-related legal principles:

• that it is the cumulative effect of circumstantial evidence that must be considered against the reasonable doubt standard;

• that circumstantial evidence is not to be assessed on a piecemeal basis; and

• that the burden of proof beyond a reasonable doubt does not apply to individual pieces of evidence. [2]

[59] In discussing what is needed to establish constructive possession, the Supreme Court of Canada in R. v. Morelli, 2010 SCC 8, [2010] 1 SCR 253 [3] stated the following:

17 Constructive possession is established where the accused did not have physical custody of the object in question, but did have it "in the actual possession or custody of another person" or "in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person." (Criminal Code, s.4(3)(a)). Constructive possession is thus complete where the accused: (1) has knowledge of the character of the object, (2) knowingly puts or keeps the object in a particular place, whether or not that place belongs to him, and (3) intends to have the object in the particular place for his "use or benefit" or that of another person. [Emphasis in original.]

[60] Occupancy of a place or a vehicle on its own, or operation of a vehicle alone, does not create a presumption of possession. However, such occupancy or operation, together with other evidence, may enable a trial judge to infer knowledge and control in appropriate cases. [4]

[61] With respect to the element of identification, photographs and videos evidence in particular of resemblance, without more, does not amount to an identification. However, the combined force of evidence of a resemblance and other evidence may establish identity. [5]

Analysis

[62] In this case, a number of questions arise:

• Was Mr. Gurhan the driver of the Kona?

• Did Mr. Gurhan have possession of the keys to the Kona when arrested?

• Do the constellation of factors in this case, taken together, support the conclusion that the only rational inference than can be drawn from the circumstantial evidence is that Mr. Gurhan had knowledge and control of the drugs, cash, and firearm?

Identity

[63] Without more it would be difficult to identify Mr. Gurhan from the surveillance videos taken on November 10, 2021, outside of 938 Crawford and 288 Windsor. However, the booking room videos of Mr. Gurhan and Mr. Mahdi assist.

[64] When in view, all three persons depicted in these surveillance videos have hoods up which obscure most of their facial features. However, the clothing worn by both Mr. Gurhan and Mr. Mahdi are distinct, including the markings on the footwear. Having reviewed the surveillance videos and the booking room videos several times I am satisfied beyond a reasonable doubt that both Mr. Gurhan and Mr. Mahdi are depicted in the surveillance videos leaving 938 Crawford and arriving at 288 Windsor and then returning to 938 Crawford.

[65] I am also satisfied beyond a reasonable doubt from observing the 288 Windsor surveillance video that it was Mr. Gurhan who was operating the Kona and that Mr. Mahdi was the rear seat passenger. The identity of the front seat passenger, a white male in a red jacket, is unknown.

Possession of the Keys

[66] I am also satisfied beyond a reasonable doubt that Mr. Gurhan was in possession of the keys to the Kona as he left 938 Crawford on November 10, 2021. The keys are observed in his hand as he walks to the vehicle. As noted, I am satisfied that he was the driver from the Windsor Street complex surveillance videos.

[67] I am also satisfied beyond a reasonable doubt that the keys to the Kona were found in Mr. Gurhan’s possession when he was searched after his arrest. I reject the submission made on Mr. Gurhan’s behalf that the keys were located on the stove and not in Mr Gurhan’s possession. I conclude that the caption for that photograph was a poor choice of wording. I accept that the keys were placed on the stove at some point for another officer to take since the Kona was a central part of this investigation.

Constellation of Factors

[68] Surveillance of 938 Crawford on November 10, 2021 resulted in observations consistent with drug trafficking activity. Approximately eight to twelve individuals were observed attending at 938 Crawford for brief periods.

[69] When the search warrant was executed at 938 Crawford, the front door was barricaded allowing access only through the rear door which was closest to the room in which Mr. Gurhan and three others were located. This was a dynamic entry with no notice to the occupants that the police were about to enter.

[70] Located in that room was a scale, a bundle of cash totaling $8,060, cell phones, and the oxycodone pills. There was nothing found in that room suggesting that Mr. Gurhan or the other males resided there.

[71] The only rational inference that can be drawn from the traffic at 938 Crawford and from what was found in that room is that this location was used for drug trafficking. Mr. Gurhan was present in that room. He was not a “found in”, appearing only at 938 Crawford at the time of the execution of the search warrant. He was observed there the day previously and observed travelling with Mr. Mahdi to and from Crawford Street to Windsor Street. The only rational inference that can be drawn from this circumstantial evidence is that Mr. Gurhan knew that drug trafficking was occurring at 938 Crawford.

[72] I accept that no identification belonging to Mr. Gurhan was found in the Kona. His driver’s license was on his person as confirmed by the booking sheet. I also accept that no drugs, cash, or weapons were found on his person at the time of his arrest. I also accept that there is no forensic evidence linking Mr. Gurhan to the drugs or firearm found within the Kona.

[73] However, Mr. Gurhan had care and control of the Kona on November 10, 2021. He had the keys, and he was the operator. On November 11, 2021, the keys to the Kona were in his possession.

[74] The drugs and firearm, although not in plain sight, were located in an area most proximate to the driver, Mr. Gurhan. Having concluded that Mr. Gurhan had knowledge of the drug trafficking at 938 Crawford I conclude that the only rational inference that can be drawn from the circumstantial evidence is that Mr. Gurhan also had knowledge and control of the drugs and firearm found within the Kona. No other “reasonable possibility” that is not speculation arises on the facts of this case.

Conclusion

[75] Accordingly, I find Mr. Gurhan guilty on all counts on the indictment.

“originally signed by”

The Hon. Regional Senior Justice W. D. Newton

Released: June 7, 2024

COURT FILE NO.: CR CR-23-0149-00 DATE: 2024-06-07

ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: HIS MAJESTY THE KING T. Bud for Provincial Crown M. Haque for Federal Crown - and – RICHARD GURHAN N. Decock for the Accused CRIMINAL JUDGMENT Newton R.S.J.

Released: June 7, 2024

[1] R. v. Villaroman, 2016 SCC 33 (“Villaroman”).

[2] R. v. Chu, 2023 ONCA 183, at para. 5.

[3] R. v. Morelli, 2010 SCC 8, [2010] 1 SCR 253, at para. 17.

[4] See R. v. Lights, 2020 ONCA 128, at para. 50; R. v. Lincoln, 2012 ONCA 542, at para. 3.

[5] R. v. John, 2010 ONSC 6085, at para. 15.