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The court convicted Christopher Le Mattatall on firearm, drug trafficking, and obstruction counts, but acquitted him of possession of stolen property.
The appeal is dismissed because the sentencing judge reasonably differentiated the appellant's and co-accused's roles and applied proper sentencing principles; under the deferential standard from Friesen and Lacasse the sentence was not demonstrably unfit nor tainted by an error in principle.
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Sentencing reasons in R. v. Chester, where the court accepted a joint submission and imposed a 20-month custodial term after credit for pre-sentence custody.
The trial judge correctly applied the Villaroman standard and reasonably rejected the third‑party hypothesis; the conviction for unauthorized possession of a firearm is not unreasonable and is upheld. On sentence leave to appeal was granted only to set aside the victim surcharge; the remainder of the sentence is upheld.
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The joint sentence was accepted as reasonable: for s.5(2) CDSA one year imprisonment consecutive to current time served to denounce and deter trafficking (aggravated by presence of firearm); shorter concurrent custodial terms for breach of recognizance and unauthorized firearm possession; statutory forfeiture/confiscation and mandatory victim surcharges imposed; firearms prohibitions ordered under s.109.
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Because the fresh evidence negated the element required for the s.95(2) offence the conviction under that provision could not stand; the Court properly substituted a conviction for the lesser included offence under s.686(1)(b)(i); the imposed sentence was fit on the facts and was therefore affirmed.
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Balancing deterrence and denunciation with the offender's personal circumstances and the specific facts of the offence, the court held that a conditional sentence was inappropriate given the concealment and alteration of the handgun (serial number removed) and other aggravating features, but that an overly harsh sentence to 'make an example' would be unjustified; accordingly a custodial sentence of 4 months, followed by 2 years probation, a 10-year weapons prohibition under s.109 and forfeiture of the firearm was appropriate.
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