CITATION: R. v. Jajua, 2026 ONSC 3768

COURT FILE NO.: CR-24-00000040-0000 (Napanee)

DATE: 20260626

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

HIS MAJESTY THE KING

– and –

DAVID JAJUA

Defendant

Michael Mandelcorn, for the Crown

John Pietrykowski, for the defendant

HEARD at Kingston: 21 May 2026

mew j.

Sentencing decision

1David Jajua, on 16 January 2024, you were a passenger in a motor vehicle that was stopped by police in the Township of Addington Highlands.

2There were four occupants in the vehicle. You were seated in the front passenger seat.

3A search of the vehicle, conducted pursuant to the Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22, led to the discovery of a loaded semi automatic handgun beneath the front passenger seat. The firearm was a 9 mm Jericho 941 handgun.

4The search also revealed quantities of controlled substances, including approximately 80 grams of cocaine and approximately 12 grams of fentanyl.

5The fentanyl represented approximately 120 doses. It is an extremely dangerous opioid with well known and devastating effects on individuals and communities.

6You were subject to a weapons prohibition at the time of these offences.

7You have pleaded guilty to four charges, namely:

a. occupying a motor vehicle knowing that a firearm was present;

b. possession of cocaine for the purpose of trafficking;

c. possession of fentanyl for the purpose of trafficking; and

d. possession of a firearm contrary to a prohibition order.

8Unauthorised possession of a firearm in a motor vehicle, when prosecuted as an indictable offence, carries a maximum sentence of 10 years’ imprisonment. Breach of a weapons prohibition order made under s. 109 of the Criminal Code, R.S.C., 1985, c. C-46 also carries a maximum sentence of 10 years. Each of the possession for the purpose of trafficking charges attracts a maximum sentence of life imprisonment.

Circumstances of the Defendant

9You are 34 years old. You were born in Sierra Leone and spent your early childhood there during a period of civil war.

10You were raised primarily by your grandparents. Your parents had emigrated, and you did not reunite with your mother until you were approximately 11 years old.

11Your early years were marked by instability and exposure to violence. The Enhanced Pre-Sentence Report describes a childhood in which violence, fear and uncertainty were pervasive features of your daily life.

12You immigrated to Canada at the age of 13. Your adjustment was difficult. You experienced bullying, struggled in school, and had a strained relationship with your mother.

13You are the father of three young children by three different mothers. You have maintained contact with them while in custody and, when not incarcerated, have played an active role in their lives.

14You have a limited employment history, largely in construction and renovation. Your ability to work has been significantly affected by the loss of your immigration status and the inability to obtain a valid work permit.

15Your criminal record is a serious one. It includes a conviction for manslaughter for which you received a federal penitentiary sentence, as well as prior convictions for robbery and drug trafficking offences.

16At the time of the present offences, you were subject to a weapons prohibition and under forms of community supervision.

17The Enhanced Pre-Sentence Report assesses you as a repeat offender with a history of non-compliance with court orders and raises concerns regarding your suitability for community supervision.

Impact on the Community

18The offences in this case involve both a loaded handgun and trafficking in cocaine and fentanyl.

19The presence of a loaded handgun in a motor vehicle represents a serious and immediate risk to public safety.

20The trafficking of fentanyl has had devastating consequences in communities across this province. Fentanyl has become a leading driver of accidental overdose deaths in Canada. Its extreme potency means that even minute quantities can be fatal. The risk is compounded by the increasing presence of fentanyl in the broader illicit drug supply, including cocaine, exposing users to life‑threatening consequences even where that was not their intention.

21Those who engage in the distribution of such substances contribute directly to that harm, whether or not they are involved in the ultimate consumption of the drug.

Position of the Crown

22The Crown seeks a global sentence of seven years' imprisonment.

23The Crown proposes that the sentences be structured to reflect the distinct harms associated with the firearm and drug offences, with a partially consecutive sentence resulting in a total sentence of approximately seven years before credit for pre-sentence custody.

24The Crown emphasises the following aggravating factors:

a. the presence of a loaded handgun;

b. the quantity of drugs, including fentanyl;

c. the defendant's prior criminal record, including a conviction for manslaughter; and

d. the fact that the offences were committed while subject to a weapons prohibition.

Position of the Defence

25The defence acknowledges that the court has no choice but to send you to the penitentiary.

26However, the defence submits that a sentence below that sought by the Crown is appropriate, having regard to your personal circumstances.

27Particular reliance is placed on the Enhanced Pre-Sentence Report, which details your upbringing in a war-torn country, your exposure to trauma, and the systemic and socioeconomic barriers that you have faced since arriving in Canada.

28The defence also points to your immigration status, your inability to obtain lawful employment, your role as a father, and the difficult conditions you have experienced while in pre-trial custody.

29Counsel further notes your guilty plea and acceptance of responsibility.

Applicable Principles

30The fundamental purpose of sentencing is set out in s. 718 of the Criminal Code. It requires the court to impose a just sanction having regard to denunciation, deterrence, separation, rehabilitation, reparation and responsibility.

31The sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

32In cases involving firearms and trafficking in hard drugs, denunciation and deterrence assume particular importance.

33At the same time, sentencing remains an individualised process. The court must consider the offender’s background and circumstances in assessing moral blameworthiness.

34In R. v. Morris, 2021 ONCA 680, the Court of Appeal confirmed that evidence relating to anti-Black racism and systemic disadvantage may be relevant at sentencing as part of the assessment of an offender’s moral culpability.

35Such evidence may assist the court in understanding how broader social forces may have contributed to the offender’s conduct.

36These principles do not excuse criminal conduct. Rather, they ensure that the sentence imposed is proportionate, having regard not only to the offence, but also to the circumstances of the offender.

Mitigating and Aggravating Factors

37The aggravating factors in this case include:

• the presence of a loaded handgun readily accessible in a motor vehicle;

• the trafficking quantities of cocaine and fentanyl;

• your prior criminal record, including a conviction for manslaughter;

• the fact that you were subject to a weapons prohibition at the time; and

• your commission of the offences while under court imposed conditions.

38Another aggravating factor is that your motivation was financial gain. You took no account at all of the harm caused by the drugs that you were trafficking.

39These are serious aggravating features and significantly elevate the gravity of the offences.

40Mitigating factors include:

• your guilty plea;

• your personal history, including childhood trauma and systemic disadvantage;

• your role as a father;

• the collateral immigration consequences that you face; and

• the conditions of your pre-trial custody.

Discussion

41The offences before the court are serious. The combination of a loaded handgun and trafficking in fentanyl presents a clear and substantial risk to public safety.

42Your prior criminal record, particularly the manslaughter conviction, is a highly aggravating circumstance. It demonstrates a pattern of serious offending and raises concerns about deterrence and public protection.

43At the same time, this is not a case in which your conduct can be viewed in isolation from your personal history.

44The authorities relied upon by counsel illustrate the range of sentences imposed in cases involving drug trafficking and firearms, and the factors that bear on the assessment of a fit sentence.

45In R. v. Salvati, 2021 ONSC 1284, the court imposed a global sentence of five years’ imprisonment for trafficking in cocaine, fentanyl and crack cocaine. The case involved significant quantities of those substances and a criminal record, although it did not involve the presence of a firearm.

46In R. v. Graham, 2018 ONSC 6817, the accused was convicted after trial of firearm and cocaine trafficking offences, together with breaches of prohibition orders. A global sentence of ten years’ imprisonment was imposed, reflecting the significant danger posed by the combination of firearms, drugs, and recidivism.

47The defence relies on R. v. Johnson, 2022 ONSC 2688, and R. v. Ahmed, 2021 ONSC 8157, in support of the submission that systemic and personal background factors may reduce moral blameworthiness.

48In Ahmed, the court considered the offender’s personal history, the impact of systemic disadvantage, and the harsh conditions of pre‑trial custody in arriving at a sentence for multiple firearm offences that was significantly below the position advanced by the Crown.

49Similarly, in Johnson, the court emphasised that evidence of systemic disadvantage and anti‑Black racism is relevant to the assessment of moral culpability and must be taken into account in determining a proportionate sentence.

50These cases do not detract from the seriousness of the offences before this court. Rather, they confirm that sentencing must remain an individualised exercise in which both the gravity of the offence and the circumstances of the offender are taken into account.

51Having considered the effect of these other cases, I return to the present case.

52The Enhanced Pre-Sentence Report describes a life marked by early trauma, instability, and a lack of consistent parental attachment. It further identifies systemic and socioeconomic barriers that have limited your opportunities.

53In particular, the Enhanced Pre-Sentence Report describes a childhood in Sierra Leone marked by war, violence and instability, followed by immigration to Canada at a young age and significant challenges in adapting to a new social and cultural environment. These experiences have had a lasting psychological impact.

54The report also identifies experiences of poverty, marginalisation, and barriers to lawful employment, including the loss of immigration status and inability to obtain a work permit.

55These factors are relevant to the assessment of moral blameworthiness. They provide important context for understanding your life trajectory. They help to explain, although not justify, the choices you have made.

56I accept that these factors bear on your moral blameworthiness. I also accept that your inability to obtain lawful employment due to your immigration status created financial pressures that contributed to your involvement in drug trafficking.

57There are, however, limits to the extent to which these considerations can mitigate sentence. They cannot overshadow the seriousness of the offences or your history of criminal conduct.

58You are now in your mid-thirties. You have previously served a significant custodial sentence. Notwithstanding that experience, you have reoffended, and in a manner that involves both firearms and dangerous drugs.

59These offences involve deliberate conduct directed toward financial gain, in circumstances where the risks to the public are obvious.

60Whilst you have expressed remorse and a desire to change, your record demonstrates that prior interventions have not deterred you from offending again.

61In these circumstances, denunciation and deterrence must be given primary weight.

62At the same time, the sentencing process requires that I take into account the systemic and personal factors identified in the Enhanced Pre-Sentence Report.

63Those factors warrant some reduction from what would otherwise be the appropriate sentence, but they cannot displace the need for a substantial penitentiary term.

64Having regard to the circumstances of the offence, the offender, the aggravating and mitigating factors, and the applicable sentencing principles, I am satisfied that a global sentence moderately below that sought by the Crown is justified.

Sentence

65Mr. Jajua, please stand.

66On Count 4 (unauthorised possession of firearm in motor vehicle), you are sentenced to a term of imprisonment of three years.

67On Count 10 (possession for the purpose of trafficking cocaine), you are sentenced to a term of imprisonment of three and a half years, to be served consecutively to the sentence on Count 4.

68On Count 11 (possession for the purpose of trafficking fentanyl), you are sentenced to a term of imprisonment of three and a half years, to be served concurrently with Count 10.

69On Count 13 (breach of weapons prohibition order), you are sentenced to a term of imprisonment of one year, to be served concurrently.

70The total sentence is therefore six-and-a-half years (or 2,372 days).

71You will receive credit for pre-sentence custody in accordance with the calculations provided by counsel: 892 days of actual time serve credited at 1.5 days per day served = 1,338 days. The balance of the custodial sentence to be served by you will therefore be 1,034 days or approximately 2 years and 10 months.

72There will also be a forfeiture order, a lifetime weapons prohibition pursuant to s. 109 of the Criminal Code and a DNA order pursuant to section 487.04 of the Criminal Code.

Graeme Mew J.

Handed down orally: 26 June 2026

CITATION: R. v. Jajua, 2026 ONSC 3768