R. v. McDonald

R. v. McDonald

The accused's conduct, involving accumulation of 49 restricted firearms with many unaccounted for and some later linked to criminal activity, false sworn testimony about the missing guns, and the discovery of a loaded handgun, brass knuckles and cocaine, placed him within the lower end of the 'true crime' range; a...

Source-derived case information.

Citation
2016 BCSC 2224
Parties
Prosecution: Regina; Accused: Bryce Cameron Scott McDonald (also known as Bryce Scott McDonald)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 November 2016
Procedural Posture
Criminal Firearm and Controlled Substances Offences / Sentencing (oral Reasons)
Outcome
Accused convicted and sentenced to 40 months' imprisonment (to be served concurrently in federal penitentiary); judicial stay entered on Count 4; lifetime prohibition on possession of firearms and related items under s.109 imposed.
Legal Topics
Possession of Restricted Firearm, Careless Storage of Firearm, Possession of Prohibited Weapon, Sentencing Principles, Mandatory Minimum Jurisprudence (nur), Lifetime Firearm Prohibition, Multiplicity/multiple Convictions, Totality Principle
Source Language
english
Criminal Law Firearms Law Sentencing Controlled Substances Law Possession of Restricted Firearm Careless Storage of Firearm Possession of Prohibited Weapon Sentencing Principles +4 more

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Parties

Regina

Prosecution

Bryce Cameron Scott McDonald (also known as Bryce Scott McDonald)

Accused

Procedural Posture

Criminal Firearm and Controlled Substances Offences / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate sentence for multiple firearms offences and related offences
  2. 2 Whether conditional sentence under s.742.1 is available and fit
  3. 3 Aggravating impact of missing firearms recovered at crime scenes

Ratio Decidendi

The accused's conduct, involving accumulation of 49 restricted firearms with many unaccounted for and some later linked to criminal activity, false sworn testimony about the missing guns, and the discovery of a loaded handgun, brass knuckles and cocaine, placed him within the lower end of the 'true crime' range; a custodial sentence is required for denunciation, deterrence and public protection, a conditional sentence is unfit, and an aggregate sentence of 40 months' imprisonment served concurrently is appropriate with a lifetime firearms prohibition under s.109 and a judicial stay on Count 4.

Court Disposition

Accused convicted and sentenced to 40 months' imprisonment (to be served concurrently in federal penitentiary); judicial stay entered on Count 4; lifetime prohibition on possession of firearms and related items under s.109 imposed.

Orders

  • Convictions entered on Counts 1,2,3,5,6,7,8,9,10,11,12; judicial stay of proceedings on Count 4
  • Total sentence: 40 months' imprisonment to be served concurrently in a federal penitentiary