Canada Case Law

R. v. Robertson

Court

Supreme Court of British Columbia

Given the serious aggravating features (loaded unsecured handgun in a small vehicle with passengers and bystanders, possible impairment, risk to police and public), applicable authorities setting the conventional range for loaded prohibited handgun possession, and absence of exceptional Gladue circumstances, the appropriate and shortest permissible sentence is custodial 30 months (credited 8 days = 902 days); a 10-year s.109 firearms prohibition and forfeiture under s.491(1) are ordered.

Source excerpt

• Possession of loaded prohibited firearm
• Carrying concealed weapon (stayed)
• Careless storage of firearm (stayed)
• Firearms prohibition order
• Forfeiture
• Gladue report and factors

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R. v. McLeod

Court

Supreme Court of British Columbia

On a guilty plea for assault with a weapon, the court sentenced Mr. McLeod to 2 years and 3 months in custody, followed by 18 months of probation.

• Assault with a weapon
• Gladue report and principles
• Pre-sentence custody credit
• Probation conditions
• Ancillary orders (firearms prohibition, dna)
• Sentencing

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R. v. Narcisse

Court

Supreme Court of British Columbia

Sentence for sexual assault upheld at two years less a day plus two years’ probation, with DNA, SOIRA and weapons orders imposed after Gladue analysis.

• Sexual assault
• Sentencing principles
• Gladue/ipeelee
• Probation
• Dna orders
• Weapons prohibition

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