R. v. Vaillant

R. v. Vaillant

Count 4 (possession of a restricted firearm without licence) was conditionally stayed under Kienapple as a lesser included offence of Count 6; Counts 1,3,5,6,8 convictions stood; exceptional circumstances (severe alcohol use disorder, mental illness, significant and sustained rehabilitation, community involvement, remorse, lack of firearms history) reduced moral culpability and justified departure from normal custodial ranges for the s.95 offence; imposed a conditional sentence of two years less one day on Count 6 (reduced by 105 days pretrial credit), concurrent custodial terms for Counts 1,3,5 (one year each) and Count 8 (six months), 10-year prohibition on firearms generally and...

Citation
2020 BCSC 1137
Parties
Crown: Regina; Accused: Darcy Frederick Vaillant
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 July 2020
Procedural Posture
Criminal / Sentencing
Legal Topics
Uttering Threats, Careless Use of a Firearm, Possession of Restricted Firearm, Possession of Prohibited Device, Conditional Sentence, Multiple Convictions (kienapple), Mitigation by Mental Illness and Addiction
Source Language
English
Criminal Law Sentencing Firearms Law Mental Health Uttering Threats Careless Use of a Firearm Possession of Restricted Firearm Possession of Prohibited Device +3 more

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Parties

Regina

Crown

Darcy Frederick Vaillant

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Application of Kienapple multiple convictions rule
  2. 2 Appropriate sentence range for s.95(1) possession with ammunition
  3. 3 Whether exceptional circumstances justify departure from customary sentencing ranges

Ratio Decidendi

Count 4 (possession of a restricted firearm without licence) was conditionally stayed under Kienapple as a lesser included offence of Count 6; Counts 1,3,5,6,8 convictions stood; exceptional circumstances (severe alcohol use disorder, mental illness, significant and sustained rehabilitation, community involvement, remorse, lack of firearms history) reduced moral culpability and justified departure from normal custodial ranges for the s.95 offence; imposed a conditional sentence of two years less one day on Count 6 (reduced by 105 days pretrial credit), concurrent custodial terms for Counts 1,3,5 (one year each) and Count 8 (six months), 10-year prohibition on firearms generally and...