Weapons trafficking, Conspiracy to commit an indictable offence
R. v. Abo Zead
- On release at the time
Sentence and the Crown's position
What the law allows
Ayman Sobhy Abo-Bakr Abo Zead was convicted after trial of conspiring to transfer firearms and ammunition and of three counts of transferring a shotgun, a rifle and ammunition. Crown and defence made a joint submission of five years and 150 days on the conspiracy count, less credit for 100 days of pre-sentence custody. Justice Sharma accepted the joint submission, imposing four-year concurrent sentences on the transfer counts and noting his youth, his addiction at the time and that he had not had a substantive conviction since 2015.
In the judge's words
1It is also relevant that he was a youthful offender: he was only 21, and he was in the grip of an addiction. He has not had a substantive conviction since 2015, all of which are relevant.
The record
- Convicted of
- Weapons trafficking (CC 99(2), 3 counts)
- Conspiracy to commit an indictable offence (CC 465(1)(c))
- Prior convictions
- Not recorded
- At the time of the offence
- On probation1
- Defence asked for
- 5 years and 5 months in custody1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: B.K. Boland, M.D.E. Lefebure
Defence: Z. Myers
Sources
- R. v. Abo Zead, 2021 BCSC 2577 Court decision, CanLII, December 3, 2021
[5] The parties have submitted a joint submission for sentence. Their proposal is that he would be sentenced to five years and 150 days for Count 1, with credit for time served, which is 100 days at 1.5 days per day.
[5] The parties have submitted a joint submission for sentence. Their proposal is that he would be sentenced to five years and 150 days for Count 1, with credit for time served, which is 100 days at 1.5 days per day.
[9] Defence counsel appropriately emphasized the concept of restraint in sentencing, which is applicable. Counsel agreed that the case law they submitted to me established a range of between three and six years, and with regard to s. 99 of the Criminal Code, there is a minimum sentence of three years.
[1] THE COURT: Ayman Sobhy Abo-Bakr Abo Zead is before the court today for sentencing.
[4] The circumstances in this case that are particularly relevant to sentencing follow: … i) at the time he was under a probation order that stemmed from convictions for two separate trafficking convictions, and this case involves charge involving conspiracy.
[11] It is also relevant that he was a youthful offender: he was only 21, and he was in the grip of an addiction. He has not had a substantive conviction since 2015, all of which are relevant.
[15] Mr. Abo Zead, I will ask you to stand now. Mr. Abo Zead, I am sentencing you today: … For Count 1, the conviction for conspiracy, I sentence you to five years and 150 days. It is appropriate to give you credit at a rate of 1.5 days for the 100 days that you were in custody. That means the "new time" is five years. … [16] However, all of those sentences are to be served concurrently with your sentence on Count 1.
- R. v. Abo Zead, 2021 BCSC 2577 Court decision, Courts of British Columbia