Court File and Parties
ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
HIS MAJESTY THE KING
- and -
Malcolm Mahamoud
Counsel: Erin Pancer, for the Crown Christopher O’Connor, for Mr. Mahamoud
HEARD: December 5, 2025 and February 27, 2026
REASONS FOR SENTENCE
M. FORESTELL J.
Overview and Positions of the Parties
1Malcolm Mahamoud entered guilty pleas to charges of trafficking a firearm, two counts of possessing a loaded firearm, possession of prohibited devices and possession of ammunition for the purpose of trafficking.
Circumstances of the Offences
2In January of 2023, there were wiretaps intercepting the communications of several parties as part of an investigation into cross-border importation of firearms. Naveen Lotfi was one of the named parties on the wiretap authorization. On January 24, 2023, Mr. Lotfi contacted Mr. Mahamoud and asked if Mr. Mahamoud wanted to sell his “two six” for a “five” meaning a Glock 26 for $5,000.00. Mr. Mahamoud agreed and the two met. Mr. Lotfi received the firearm from Mr. Mahamoud and the two men travelled in Mr. Lotfi’s car to a location where Mr. Lotfi sold the gun to an undercover officer for $5,400.00.
3On March 9, 2023, a search warrant was executed at Mr. Mahamoud’s residence. Located in the residence were the following:
(1) A loaded Glock 30S handgun (with its serial number removed) inside a shelf unit controlled by a magnetic device, located in the living room.
(2) A loaded Colt handgun located inside the same shelf unit.
(3) 9 auto switches located in the drawers in the living room.
(4) Multiple different rounds of ammunition located in the living room.
(5) 3 overcapacity magazines located in the living room.
(6) 39.22 total grams of cocaine (10.25 grams of cocaine in the living room and 28.97 grams of cocaine in a vent in the living room).
Circumstances of Mr. Mahamoud
4Mr. Mahamoud is a 26-year-old first offender. He was 23 years old at the time of the offences.
5Mr. Mahamoud is a Black Muslim man. He has faced racism and prejudice against his faith. Mr. Mahamoud grew up in a community where drug trafficking and gun violence were common.
6Growing up, he lived with his mother and stepfather and, at times, with his grandparents. His mother and stepfather abused alcohol during Mr. Mahamoud’s childhood. They have stopped drinking now.
7Mr. Mahamoud developed a dependency on marijuana that escalated from 2019 to 2022. He continues to use marijuana but has reduced his consumption to a moderate level.
8Mr. Mahamoud did not see his biological father frequently in his early childhood. When he was around 14 or 15 years of age, they began to build a relationship. In the Pre-sentence Report interview, Mr. Mahamoud described his father as having been “in and out” of the criminal justice system for many years.
9Mr. Mahamoud has three paternal half siblings and five maternal half-siblings.
10Mr. Mahamoud purchased land in Chatham with his biological father a few months before he turned 18. They built a house on the land where he now lives.
11Mr. Mahamoud is single and has no children. He has been in a relationship for over a year with a supportive partner.
12Mr. Mahamoud did not complete high school but obtained his GED in 2024. He then completed a diploma programme in Logistics and Supply Chain Management in October of 2025.
13Mr. Mahamoud has recently volunteered with a cleaning company. The owner of that company provided a letter that describes Mr. Mahamoud’s strong work ethic, respectfulness and reliability. He has offered Mr. Mahamoud employment. There are numerous letters of support from Mr. Mahamoud’s extended family and from friends. Many of the letters describe the significant rehabilitative efforts made by Mr. Mahamoud during his time on bail.
14Mr. Mahamoud has been working with a community-based non-profit organization for over two years. The organization provides training and mentorship for youth. Mr. Mahamoud’s life coach at the organization also provided a letter of support.
15Mr. Mahamoud spent 10 months in pre-sentence custody. It is not disputed that he endured excessively harsh conditions during those 10 months.
Positions of the Parties
16The Crown submits that a sentence of seven years’ imprisonment is appropriate before a reduction of 45 months for actual time in custody, harsh conditions of presentence custody, time spent on strict bail and Morris factors.1
17Mr. Mahamoud submits that a two year less a day conditional sentence would be appropriate.
Analysis
18The fundamental purpose of sentencing is to foster respect for the law and to maintain a just, peaceful, and safe society. This is accomplished by imposing just sanctions that advance one or more of the relevant sentencing objectives such as denunciation, deterrence, separation of the offender from society, rehabilitation and the promotion of a sense of responsibility.
19In arriving at an appropriate sentence, I must consider any aggravating and mitigating circumstances.
20The aggravating factors in this case are:
(1) The fact that there were multiple firearms and prohibited devices involved in the offences;
(2) The dangerous nature of the firearms and related devices;
(3) The combination of firearms and controlled substances; and,
(4) The fact that this was a commercial enterprise.
21Mitigating factors are that Mr. Mahamoud is a youthful first offender, he entered a guilty plea and is remorseful, he has considerable family and community support and he has used his time on bail to take significant steps towards rehabilitation.
22A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. The offences in this case are extremely serious. Gun violence poses an ongoing grave risk to public safety. Guns are used in other criminal enterprises such as the drug trade, which also poses a serious threat to public safety. Mr. Mahamoud’s level of moral blameworthiness is high — these were offences committed for profit. The presence of cocaine at the residence of Mr. Mahamoud in combination with the firearms, prohibited devices and ammunition, evidences involvement in a criminal lifestyle. However, his moral blameworthiness is contextualized by his unstable upbringing in a violent neighbourhood and his experience of systemic racism.
23Denunciation, deterrence and the protection of the public are the primary sentencing objectives for firearms offences. See: R. v. Nur, 2013 ONCA 677, aff’d 2015 SCC 15; R. v. Mohiadin, 2021 ONCA 122, at para. 12.
24However, rehabilitation remains an important consideration when dealing with a youthful first offender like Mr. Mahamoud. Mr. Mahamoud clearly has strong potential for rehabilitation as demonstrated by his conduct in furthering his education and volunteering in the community.
25The range of sentence for firearms trafficking is between two and eight years. See R. v. Wetelainen, 2019 ONSC, at paras. 53, 106. Mr. Mahamoud’s youth and rehabilitative potential situate him closer to the lower end of this range even with the aggravating factors of the presence of drugs and the commercial nature of the enterprise. I am of the view that a three-year sentence, while at the very low end for firearms trafficking, would be appropriate in this case.
26Possession of a loaded firearm, for a person who is engaged in truly criminal conduct, generally attracts a significant penitentiary sentence, even for a first offender and absent aggravating facts. See Nur, 2015 SCC 15, at para. 82. R. v. Ramos, 2023 ONSC 1094.
27Mr. Mahamoud possessed two loaded firearms in conjunction with controlled substances. A three-year sentence would be appropriate for each of the offences of possession of the loaded firearms. I accept that the sentences should be concurrent to each other as the two firearms were possessed at the same time and in the same place. The possession offences were, however, separate in time and circumstance from the trafficking and therefore, the sentences for the possession counts should be consecutive to the three-year sentence for trafficking.
28The offence of possession of prohibited devices is serious. Selector switches, convert semi-automatic firearms into fully automatic firearms. The nature of automatic weapons was described by Cory J. in R. v. Hasselwander, 1993 90 (SCC), [1993] S.C.J. No. 57 (QL):
Let us consider for a moment the nature of automatic weapons, that is to say, those weapons that are capable of firing rounds in rapid succession during one pressure of the trigger. These guns are designed to kill and maim a large number of people rapidly and effectively. They serve no other purpose. They are not designed for hunting any animal but man. They are not designed to test the skill and accuracy of a marksman. Their sole function is to kill people.
29Mr. Mahamoud’s possession of nine selector switches significantly increased the risk to the safety of the public. This increased risk should be reflected by the imposition of a consecutive sentence. I find that a one-year consecutive sentence would adequately address the seriousness of the conduct.
30The possession of ammunition for the purpose of trafficking is also serious. However, the offence is related temporally to the possession offences and is related to the circumstances of the firearm trafficking. Having considered the commercial nature of the enterprise as an aggravating factor, on the firearm trafficking I find that a concurrent sentence of two years would be appropriate for possession of ammunition for the purpose of trafficking.
31Therefore, the sentence that I impose, before consideration of the reduction agreed upon by the parties, is one of seven years’ imprisonment, broken down as follows:
trafficking firearm, 3 years imprisonment;
possession of loaded firearm (Glock 30S), 3 years consecutive;
possession of loaded firearm (Colt), 3 years concurrent;
possession of prohibited devices 1 year consecutive; and
possession of ammunition for the purpose of trafficking 2 years concurrent.
I accept, as counsel have agreed, that the sentence should be reduced by 45 months for time in custody, harsh conditions, strict bail and Morris factors. This leaves 39 months to serve.
32I also make the following ancillary orders:
(1) An order under s. 109(3) of the Criminal Code, R.S.C., 1985, c. C-46, that Mr. Mahamoud is prohibited from possessing any firearm, crossbow, restricted weapon, ammunition and explosive device, for life.
(2) This is a secondary designated offence and, in my view, given the circumstances of the case, a DNA order is appropriate, and I make that order.
(3) A forfeiture order.
M. Forestell J.
Released: May 12, 2026
Footnotes
- R. v. Morris, 2021 ONCA 680