R. v. Britnell

R. v. Britnell

The offence involved the intoxicated accused retrieving a loaded 12‑gauge shotgun, pointing it at the victim and discharging it a short distance away; given (a) the gravity and potential lethality, (b) the accused's limited demonstrated insight and concerning comments in reports, and (c) mitigating factors (age,...

Source-derived case information.

Citation
2022 BCSC 1641
Parties
Crown: Regina; Accused: James Fredrick Henry Britnell; Victim: Bradley Jones
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 August 2022
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted and sentenced
Legal Topics
Assault, Pointing a Firearm, Possession of Firearm for Dangerous Purpose, Careless Storage of Firearm, Probation Conditions, Victim Surcharge, DNA Order, Concurrent Sentencing
Source Language
english
Criminal Law Sentencing Firearms Law Evidence (admissions) Assault Pointing a Firearm Possession of Firearm for Dangerous Purpose Careless Storage of Firearm +4 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

James Fredrick Henry Britnell

Accused

Bradley Jones

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Validity and comprehension of guilty plea under s.606(1.1) Criminal Code
  2. 2 Appropriate quantum of sentence for discharge/pointing of a firearm plus assault and careless storage
  3. 3 Whether to impose consecutive or concurrent sentences

Ratio Decidendi

The offence involved the intoxicated accused retrieving a loaded 12‑gauge shotgun, pointing it at the victim and discharging it a short distance away; given (a) the gravity and potential lethality, (b) the accused's limited demonstrated insight and concerning comments in reports, and (c) mitigating factors (age, serious medical issues, long gap since prior record, guilty plea), the appropriate punishment is concurrent custodial sentences yielding an effective nine‑month custody term, followed by 18 months probation, a 10‑year weapons prohibition, no DNA order and no victim surcharge.

Court Disposition

Accused convicted and sentenced

Orders

  • Count 1 (assault): 7 days incarceration
  • Count 2 (pointing a firearm): 9 months incarceration