Theoni Kapetaneas

Duy Tam Nguyen was convicted of multiple drug trafficking and firearm possession offences after police found significant amounts of cocaine, methamphetamine, and two firearms in a "stash house" he operated.

The court considered aggravating factors, including a prior criminal record and the sophistication of the operation, and mitigating factors such as rehabilitative prospects and pre-sentence custody conditions.

The judge applied the principle of totality to determine appropriate concurrent and consecutive sentences for the various counts, ultimately imposing a total sentence of seven years and eight months imprisonment, along with ancillary orders for DNA sample and a lifetime firearm prohibition.

This criminal trial concerned the identification of the shooter in a firearms incident.

The defendant, Mr. Lowe, was charged with discharging a handgun with intent to endanger life and possession of a handgun without a licence.

The sole issue at trial was the identity of the shooter.

The Crown relied primarily on the eyewitness identification of a tenant, Nina Hodder, who knew the defendant.

Despite inconsistencies in her testimony regarding minor details and her initial uncertainty under cross-examination, the court found her recognition evidence reliable, supported by the immediate nature of her identification, her prior familiarity with the defendant, and compelling circumstantial evidence regarding the sequence of events leading to and following the shooting.