Case Law Database

Participation in an organized criminal group

Offences

• Agreement to commit a serious crime (conspiracy)
• Participation in criminal activities of organized criminal group

Keywords

• criminal association

Trafficking in firearms

Offences

• Illicit trafficking
• illicit possession/carrying

Trafficking details

• Unauthorized import, export, acquisition, sale, delivery, movement or transfer of firearms, their parts or components or ammunition

Item Types

• firearms
• ammunition

Keywords

• Confiscation/seizure

R. v. Farah, 2016 ONSC 5000

Fact Summary

The accused was one of the veteran leaders of a criminal organization known as the “Dixon City Bloods” and engaged in at least three instances of weapons trafficking for the benefit of, or in association with, that urban street gang.

First, between March 19 and 21, 2013, the accused arranged for the transportation and sale of a fully loaded .40 calibre firearm to Abdulkadir Bihi, for $3,000. The accused had acquired the firearm in Windsor for $1,600, so he made a profit on the transaction. During the conversations surrounding this sale, the accused commented that he had other firearms for sale.

Second, on March 31, 2013, the accused was involved as a party in the transportation of five firearms, between Windsor and Toronto, by Ahmed Abdullahi and Daud Hussein, driving a white Chrysler. The accused had been involved in the arrangements surrounding this firearm transportation, and had been planning to resell at least one of the firearms. The police intercepted this transportation of the firearms and, following a high-speed police chase, managed to seize three of the five firearms, and some ammunition. More particularly, from a black bag on the front passenger seat of the abandoned Chrysler, the police seized: (1) a black semi-automatic 9 mm. Ruger handgun, Model P95, with a detachable box 9 mm. magazine, with an aftermarket marking that suggests it is capable of holding 15 rounds of ammunition; (2) another black semi-automatic 9 mm. Ruger handgun, Model P95, with a detachable box 9 mm. magazine; and (3) a black semi-automatic .40 calibre Smith & Wesson, handgun, Model M&P40, and detachable .40 calibre magazine, marked with a capacity of 15 rounds of ammunition.

Third, on April 6, 2013, the accused was personally involved in the sale of a firearm at the Etobicoke Restaurant, located at 379 Albion Road, with Ayanle Omar. Following the transaction at the restaurant, the accused managed to successfully flea from the police who had observed the transaction and sought to arrest the accused. Later, the accused bragged to others about how he had been able to escape from the police.

Between May 2 and 7, 2013 the accused was involved in a conspiracy with Siyadin Abdi and Lamar Porter to sell firearms to Ibrahim Khiar. In the end, the accused sold two firearms to Mr. Khiar for $2,500 each. When Mr. Khiar was arrested on May 7, 2013, following police surveillance, he was found in possession of two .40 calibre Smith & Wesson semi-automatic handguns, two over-sized magazines, and ammunition.

During various intercepted communications involving the accused, Abdukadir Bihi, and Ayanle Omar, that took place between April 8 and 10, 2013, the accused admitted being in possession of a loaded firearm. While he initially claimed that it was not working properly as he was not able to load it with any more than ten bullets, the accused subsequently offered it for sale to Mr. Omar. At no point in time did the accused ever have a firearms acquisition or registration certificate or license for any firearm.

 

Commentary and Significant Features

The Court stressed the seriousness of the offence of weapons trafficking within an organised crime group: ‘In my view, such offences, with their resulting proliferation of gun crimes, create such dangerous circumstances, and cause such a cascading risk to public safety, that they should invariably be met by sentences that approach double-digits, at least for offenders with criminal records. Such offences must be emphatically denounced. Exemplary sentences must be imposed.’

Sentence Date:
2016-06-27

Cross-Cutting Issues

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)

Investigation Procedure

Confiscation and Seizure

Seized Property

a black semi-automatic 9 mm. Ruger handgun, Model P95, with a detachable box 9 mm. magazine, with an aftermarket marking that suggests it is capable of holding 15 rounds of ammunition; another black semi-automatic 9 mm. Ruger handgun, Model P95, with a detachable box 9 mm. magazine; a black semi-automatic .40 calibre Smith & Wesson, handgun, Model M&P40, and detachable .40 calibre magazine, marked with a capacity of 15 rounds of ammunition; two .40 calibre Smith & Wesson semi-automatic handguns; two over-sized magazines; and ammunition.
 

Special investigative techniques

• Special investigative techniques
• Electronic or other forms of surveillance

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 
Proceeding #1:
  • Stage:
    first trial
  • Official Case Reference:
    R. v. Farah, 2016 ONSC 5000
  • Decision Date:
    Mon Jun 27 00:00:00 CEST 2016

    Court

    • Criminal

    Court Title

    Ontario Superior Court of Justice
     

    Location

  • City/Town:
    Guelph
  • Province:
    Ontario
  • Description

    At the conclusion of his jury trial, the accused, was found guilty of three offences, namely: weapons trafficking for the benefit of, or in association with, a criminal organization; trafficking firearms; and knowingly possession a firearm without a license
     

    Outcome

  • Verdict:
    Guilty
  • Defendants / Respondents in the first instance

    Defendant:
    Ahmed Farah
    Gender:
    Male
    Age:
    33
    Born:
    1983

    Charges / Claims / Decisions

    Defendant:
    Ahmed Farah
    Legislation / Statute / Code:
    s. 467.12 of the Criminal Code
    Charge details:

    weapons trafficking, for the benefit of, or in association with, a criminal organization

    First, as revealed in the interceptions of the private communications, between March 19 and 21, 2013, the accused arranged for the transportation and sale of a firearm to Abdulkadir Bihi, for $3,000. During the conversations surrounding this sale, the accused commented that he had other firearms for sale.

    Second, on March 31, 2013, the accused was involved as a party in the transportation of five firearms, between Windsor and Toronto, by Ahmed Abdullahi and Daud Hussein, driving a white Chrysler. The accused had been involved in the arrangements surrounding this firearm transportation, and had been planning to resell at least one of the firearms. The police intercepted this transportation of the firearms and, following a high-speed police chase, managed to seize three of the five firearms, and some ammunition.

    Third, on April 6, 2013, the accused was personally involved in the sale of a firearm with Ayanle Omar. Following the transaction, the accused managed to successfully flea from the police who had observed the transaction and sought to arrest the accused.

    Verdict:
    Guilty
    Legislation / Statute / Code:
    s. 465(1)(c) of the Criminal Code
    Charge details:

    trafficking firearms

    Between May 2 and 7, 2013 the accused was involved in a conspiracy with Siyadin Abdi and Lamar Porter to sell firearms to Ibrahim Khiar. In the end, the accused sold two firearms to Mr. Khiar for $2,500 each. When Mr. Khiar was arrested on May 7, 2013, following police surveillance, he was found in possession of two .40 calibre Smith & Wesson semi-automatic handguns, two over-sized magazines, and ammunition.

    Verdict:
    Guilty
    Legislation / Statute / Code:
    s. 92(1) of the Criminal Code
    Charge details:

    Knowingly possessing a firearm without a license

    During various intercepted communications involving the accused, Abdukadir Bihi, and Ayanle Omar, that took place between April 8 and 10, 2013, the accused admitted being in possession of a loaded firearm. While he initially claimed that it was not working properly as he was not able to load it with any more than ten bullets, the accused subsequently offered it for sale to Mr. Omar. At no point in time did the accused ever have a firearms acquisition or registration certificate or license for any firearm.

    Verdict:
    Guilty
    Term of Imprisonment:
    8 years

    An initial 12 years sentence was reduced to 8 years to take into account the 4 years of pre-trial detention of the accused.

    Total sentence of 8 years of imprisonment: a two year term of imprisonment for his firearms possession offence, a one year consecutive term of imprisonment for his conspiracy to trafficking firearms offence, and a consecutive five year term of imprisonment for his weapons trafficking/criminal organization offence.

    Non parole period: 2 years and 6 months

    Other sanctions:
    The accused is prohibited from the possession of any firearm, cross-bow, restricted weapon, ammunition, and explosive substance for life; samples of bodily substances will be taken from the accused for purposes of forensic DNA analysis; the accused is also prohibited from any communication, directly or indirectly, with Siyadin Abdi, Abdulkadir Bihi, Ayanle Omar, Lamar Porter, Ibrahim Khiar, Ahmed Dirie, and Liban Siyad during the entirety of the custodial period of his sentence.

    Court

    Superior Court of Justice, Ontario