R. v. Morris

R. v. Morris

The court accepted the joint submission of a four-year custodial sentence for possession of a loaded restricted firearm while the accused was prohibited, but applied enhanced pre-trial custody credit at 1.5:1 for the accused's circumstances, reducing one year from the four-year term to a net sentence of three years to be served; the court ordered a DNA order under s.487.051 if authorities wish to exercise it, imposed a lifetime firearms prohibition under s.109, forfeited the seized gun and ammunition under s.491, and waived the victim fine surcharge.

Citation
2013 BCSC 493
Parties
Crown: Regina; Accused: Robbie Lee Morris
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 February 2013
Procedural Posture
Criminal Firearms Offences / Sentencing (oral Reasons for Sentence)
Outcome
Accused pleaded guilty and was convicted; sentenced to four years' imprisonment with one year credit for pre-trial custody (1.5:1), resulting in a net three years to serve; lifetime firearms prohibition imposed; seized gun and ammunition forfeited; DNA order authorized; victim fine surcharge waived; Crown directed a...
Legal Topics
Possession of Restricted Firearm Without Authorization, Possession While Prohibited, Pre Trial Custody Credit, DNA Order, Firearms Prohibition, Forfeiture, Victim Fine Surcharge
Source Language
English
Criminal Law Sentencing Firearms Law Criminal Procedure Possession of Restricted Firearm Without Authorization Possession While Prohibited Pre Trial Custody Credit DNA Order +3 more

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Parties

Regina

Crown

Robbie Lee Morris

Accused

Procedural Posture

Criminal Firearms Offences / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether the accused's conduct constituted possession of a loaded restricted firearm contrary to s.95(1) and possession while prohibited contrary to s.117.01(1)
  2. 2 Appropriate quantum of sentence for possession of a loaded restricted firearm while prohibited
  3. 3 Appropriate credit for pre-trial custody under s.719(3)

Ratio Decidendi

The court accepted the joint submission of a four-year custodial sentence for possession of a loaded restricted firearm while the accused was prohibited, but applied enhanced pre-trial custody credit at 1.5:1 for the accused's circumstances, reducing one year from the four-year term to a net sentence of three years to be served; the court ordered a DNA order under s.487.051 if authorities wish to exercise it, imposed a lifetime firearms prohibition under s.109, forfeited the seized gun and ammunition under s.491, and waived the victim fine surcharge.

Court Disposition

Accused pleaded guilty and was convicted; sentenced to four years' imprisonment with one year credit for pre-trial custody (1.5:1), resulting in a net three years to serve; lifetime firearms prohibition imposed; seized gun and ammunition forfeited; DNA order authorized; victim fine surcharge waived; Crown directed a...

Orders

  • Sentence of four years' imprisonment imposed
  • Pre-trial custody credit applied at 1.5 days per day totalling one year deducted from sentence