Criminal Code, section 94(1)
Occupant of a motor vehicle knowing there is a firearm
What the law says
- Maximum
- 10 years
- Mandatory minimum
- No mandatory minimum
- Kind of offence
- Firearms
- Prosecuted
- By indictment or summary conviction
13 cases with this offence
- April 21, 20265 years global custody before credit for 714 days (476 actual days at 1.5:1); lifetime firearms ban
- January 16, 2026R. v. K.P.J.I.-B., 2026 BCSC 193
- On release at the time
3.5 years (1,277 days) imprisonment, less 779 days credit for pre-sentence custody; 498 days remaining - September 12, 202524 months custody less 357 days credit (373 days left to serve), then 12 months probation; 10-year weapons prohibition
- March 14, 20254 years and 9 months in custody (4 years on the loaded restricted firearm count plus 9 months consecutive for breaching a weapons prohibition), concurrent to a life sentence for an unrelated murder
- February 14, 2025R. v. White, 2025 NSSC 54
- Below the Crown's ask
- On release at the time
2 years less a day conditional sentence, then 2 years probation - June 14, 2024R. v. Soderberg, 2024 BCSC 1099
- Below the Crown's ask
- On release at the time
5 years global custody (less 1,028 days credit) and a $1,000 fine - May 30, 202418 months (547 days) custody less 459 days enhanced pre-sentence credit; 88 days left to serve; lifetime firearms prohibition
- November 15, 2022R. v. Arsenault, 2022 NSSC 325
- Below the Crown's ask
4 years 6 months (4 years on s. 95(1) plus 6 months consecutive on s. 117.01, other counts concurrent), two $2,000 fines, 1-year driving prohibition after release, lifetime s. 109 prohibition, DNA - August 19, 2022Five years' incarceration less 1,145 days pre-sentence credit (681 days left to serve), then 24 months probation
- March 17, 2022R. v. Cox, 2022 NSSC 95
- Below the Crown's ask
- On release at the time
6 years and 6 months' imprisonment (federal), less 129 days' pre-sentence credit - March 10, 2022R. v. Grace, 2022 BCSC 475
- Below the Crown's ask
Two years less a day conditional sentence (house arrest for one year, then curfew), concurrent 90-day CSOs on other counts; s. 109 prohibition - December 22, 2021R. v. Robicheau, 2021 NSPC 62
- Below the Crown's ask
- On release at the time
15 months imprisonment, satisfied by pre-sentence custody credit (time served), then 2 years probation - October 14, 2021R. v. Lambert, 2021 BCSC 2199
- Below the Crown's ask
- On release at the time
6 years global (5 years on s. 95 plus 12 months consecutive on s. 117.01), less 31.5 months pretrial credit
Judges who sentenced this offence
- The Honourable Justice Andrea L. Ormiston
- The Honourable Justice Briana Hardwick
- The Honourable Justice Bruce Elwood
- The Honourable Justice Carla L. Forth
- The Honourable Justice Diane Rowe
- The Honourable Justice Jasmin Z. Ahmad
- The Honourable Justice John Gibb-Carsley
- The Honourable Justice Joseph M. Doyle
- The Honourable Justice Karen Horsman
- The Honourable Justice Peter P. Rosinski
- The Honourable Justice Ronald S. Tindale
- The Honourable Justice Scott C. Norton
- The Honourable Judge Theodore K. Tax