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The court accepted a joint sentencing submission and imposed a 3-year global jail term for unlawful possession of a loaded prohibited firearm and a prohibited magazine.
The court accepted a joint sentencing submission and imposed a 10-year global sentence for drug trafficking and firearms offences, with credit for pretrial custody and ancillary orders.
Sentencing reasons for a drug-trafficking and ammunition case: the accused received a five-year global term for the present offences, consecutive to an existing sentence.
The court accepted a joint submission and sentenced Carlos Nathaniel Monteith to an effective 6.5 years in jail for firearm offences, with ancillary firearms and DNA orders.
The Court held the searches of the Liberty Village condominium and the vehicle were lawful; the warrantless entry and safety sweep of the Etobicoke condominium were authorized by s.11(7) CDSA because the police had probable cause and exigent circumstances; Hobeika's s.10(b) right to counsel was breached by an unreasonable delay but, on a Grant s.24(2) analysis, the evidence obtained in the searches was admissible; convictions, sentences and forfeiture orders were upheld and appeals dismissed.
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Sentencing reasons for voyeurism convictions: the court imposed a suspended sentence and six months’ probation, waived the victim surcharge, and ordered forfeiture or scrubbing of devices.
The sentencing judge failed to perform the statutory analyses required by s.487.051(3) for a DNA order and s.490.41(3)/490.1 for forfeiture, and the March 12, 2019 written reasons could not be treated as a substantive revision of the oral decision after a notice of appeal; the Court of Appeal therefore conducted the required statutory analyses itself, concluded the circumstances supported granting a DNA order and ordering forfeiture of the vehicle, and allowed the Crown's appeal.
Source excerpt
Judge held that objectionable factual material in PSRs must be disregarded; offender statements and counsel representations may include hearsay only if not disputed or proved per ss.723–724; extortion was the dominant predicate offence and, after weighing aggravating factors (including s.718.2(a)(iv)) and mitigation, imposed custodial sentences of 3 years (James), 2 years (Howe) and 18 months (Pearce) on predicate extortion then reallocated to avoid double counting by downsizing predicate sentences and adding consecutive s.467.12 terms resulting in final totals: James 3 years (2+1), Howe 2 ye…
Source excerpt
The court imposed concurrent one-year sentences for cannabis production and possession for trafficking, plus forfeiture, firearms prohibitions, and a victim surcharge.
Sentencing reasons for low-level Schedule I drug trafficking, with jail, probation, DNA, forfeiture, and a firearms prohibition imposed after credit for pre-sentence custody.
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