S. Nakib

The defendant was found guilty after trial of possessing an unloaded restricted firearm in a motor vehicle and careless storage of the firearm and ammunition.

The prosecution sought a total of nine months jail (six months for possession counts concurrent, three months for careless storage consecutive), plus probation.

The defendant sought a six-month concurrent conditional sentence.

The court imposed a total sentence of nine months imprisonment (six months concurrent for possession offences, three months consecutive for careless storage of ammunition) and two years probation, along with a lifetime firearms prohibition for restricted/prohibited firearms and a 10-year prohibition for all other firearms.

The court emphasized denunciation and deterrence due to the dangerous nature and unlawful provenance of the firearm, rejecting a conditional sentence despite mitigating factors and the global pandemic.

The accused was charged with five offences: assault causing bodily harm, unlawful confinement, and three counts of uttering threats to cause death to his spouse and two children, all occurring between January 2017 and December 2018.

The Crown's case relied primarily on the complainant's testimony that she was assaulted and confined by the accused following a financial dispute, resulting in a fractured clavicle and facial injuries.

The accused claimed the complainant fell down the stairs.

The court found the complainant credible and her evidence corroborated by independent witnesses.

The accused's testimony was found to be internally contradictory and implausible.

The court convicted on counts 1 and 2 (assault and unlawful confinement) but dismissed counts 3, 4, and 5 (threatening death) due to insufficient detail in the evidence.

The defendant was charged with seven firearm-related offences.

The Crown withdrew one count to proceed summarily on six remaining charges under the Criminal Code.

The defendant admitted to handling a firearm and ammunition found in his former girlfriend's vehicle but claimed he discovered them inadvertently in the glove compartment while searching for his lighter.

The Crown alleged the defendant knowingly possessed the firearm and stored it carelessly in the vehicle.

The court found the defendant's explanation incredible and rejected his testimony as contrived.

The court concluded the defendant had knowingly possessed the firearm and stored it in the vehicle while he was inside a bar.

The defendant was convicted of careless storage of a firearm, careless storage of ammunition, possession of a prohibited or restricted firearm, and possession of a prohibited or restricted firearm in a motor vehicle.

The defendant was acquitted of possession of a firearm for a dangerous purpose and possession of a firearm with readily accessible ammunition.