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Sentencing for firearms offences: the accused pleaded guilty to possession while prohibited and possession of a loaded prohibited weapon, receiving 5.5 years less 15 months credit.
Sentence reasons for Vinh Cuong Luong after a guilty plea to producing cannabis and unlawful firearm possession; the court accepted a joint submission and imposed a suspended sentence, fine, probation, and ancillary orders.
The search warrant was valid because the ITO provided reasonable grounds linking the firearm to the residence via intercepted communications indicating the speaker (identified as the appellant) was at home; the appellant's post-arrest utterances were admissible despite an s.9 breach because they were spontaneous, cautioned, reliable and the Charter breach was not serious such that admission would bring administration of justice into disrepute under s.24(2); discrepancies in jury instructions were minor and non-prejudicial; the conditional sentence was fit and a discharge was inappropriate giv…
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The court convicted Saeed Mobeen Rana of attempted murder and firearm offences after accepting corroborated accomplice evidence, surveillance, cell records and forensic evidence.
The joint recommendation was accepted because it fell within the acceptable sentencing range in light of aggravating circumstances (readily accessible shotgun) and mitigating factors (youth, first offender, early plea), satisfying Criminal Code sentencing objectives and precedent guidance from R. v. Cromwell.
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