Possession of a loaded prohibited or restricted firearm

51 cases with this offence

1. January 14, 2025
   R. v. Reed, 2025 BCSC 121First degree murder; Possession of a loaded prohibited or restricted firearm; Reckless discharge of a restricted or prohibited firearm, Richmond. Justice Alan M. Ross

   • On release at the time
   Life imprisonment, no parole for 25 years; concurrent 6 years and 4 years for the firearms offences

   Life sentence
2. July 19, 2024
   R. v. Fuller, 2024 BCSC 1523Uttering threats to cause death or bodily harm; Possession of a weapon for a dangerous purpose; Possession of a loaded prohibited or restricted firearm, Vanderhoof. Justice Murray B. Blok

   • Below the Crown's ask
   • On release at the time
   40 months global (3 years on s. 95 with 6 months concurrent for threats, plus 4 months consecutive on s. 88), less 923 days pre-sentence credit
3. June 14, 2024
   R. v. Soderberg, 2024 BCSC 1099Possession of a loaded prohibited or restricted firearm; Breach of a release order; Possession of a weapon contrary to a prohibition order; Occupant of a motor vehicle knowing there is a firearm; Operation while prohibited, Kelowna. Justice Bruce Elwood

   • Below the Crown's ask
   • On release at the time
   5 years global custody (less 1,028 days credit) and a $1,000 fine
4. March 4, 2024
   R. v. Pham, 2024 BCSC 467Unauthorized possession of a firearm; Possession of a loaded prohibited or restricted firearm; Trafficking in a Schedule I or II substance; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order, Nanaimo. Justice Robin A. M. Baird
   15 years' imprisonment globally (aggregate 17 years reduced for totality); lifetime s. 109 firearms prohibition, DNA and forfeiture orders
5. February 27, 2024
   R. v. Beaton, 2024 BCSC 1710Possession of a loaded prohibited or restricted firearm; Possession of a weapon contrary to a prohibition order, Saanich. Justice Geoffrey R. J. Gaul
   Five and a half years in prison (four and a half years on the loaded firearm count plus one year consecutive for breaching the prohibition order), less 438 days of presentence custody
6. January 25, 2024
   R. v. Mombourquette, 2024 NSPC 14Possession of a loaded prohibited or restricted firearm; Possession of property obtained by crime over $5,000; Trafficking in a Schedule I or II substance; Possession of a Schedule I or II substance for the purpose of trafficking, Halifax. Judge Elizabeth A. Buckle

   • Below the Crown's ask
   Three and a half years in custody (2.5 years cocaine trafficking plus 1 year consecutive for the firearm), less 9 days credit
7. November 29, 2023
   R. v. C.B., 2023 NSPC 68Possession of a loaded prohibited or restricted firearm; Possession of a controlled substance, Halifax. Judge Perry F. Borden
   Two years less a day conditional sentence (no full-term house arrest), then 2 years probation; $1,000 fine for cocaine possession
8. October 30, 2023
   R. v. S.T.C., 2023 BCSC 2234Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking, Powell River. Justice Alan M. Ross
   4.5 years imprisonment (concurrent on all counts), less 303 days credit; 10-year firearms ban
9. October 20, 2023
   R. v. Smith, 2023 NSPC 65Pointing a firearm; Carrying a concealed weapon; Possession of a loaded prohibited or restricted firearm; Contravention of firearm storage regulations; Criminal negligence causing bodily harm, Dartmouth. Judge Theodore K. Tax

   • Below the Crown's ask
   • No jail for a violent offence
   Two years less a day conditional sentence (18 months house arrest, then curfew), then 12 months probation
10. September 8, 2023
    R. v. C.M.R.T., 2023 BCSC 1810Possession of a loaded prohibited or restricted firearm; Failure to attend court; Possession of a Schedule I or II substance for the purpose of trafficking, Powell River. Justice Alan M. Ross

    • Below the Crown's ask
    36 months' imprisonment (concurrent on the drug and firearm counts) plus 15 days consecutive for failing to attend court, less 225 days' credit
11. April 17, 2023
    R. v. Aubie, 2023 BCSC 876Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking, Chilliwack. Justice Baljinder Kaur Girn

    • On release at the time
    Five and a half years (66 months) global custody, less 19.5 months credit (B.C.) and 2.4 months credit (Saskatchewan); 1341 days remaining
12. April 6, 2023
    R. v. Nazarek, 2023 BCSC 722Possession of a firearm knowing its possession is unauthorized; Possession of a loaded prohibited or restricted firearm; Failure to attend court; Breach of a release order; Possession of a Schedule I or II substance for the purpose of trafficking, Fort St. John. Justice Andrew P. A. Mayer

    • Below the Crown's ask
    • On release at the time
    12 years imprisonment (13 reduced by 1 for totality) less 683 days credit; DNA order, lifetime weapons prohibition, CDSA forfeiture
13. March 1, 2023
    R. v. Kirby, 2023 BCSC 1658Possession of a loaded prohibited or restricted firearm, Penticton. Justice Steven Wilson

    • On release at the time
    33 months jail less 945 days' pre-sentence credit (45 days left to serve); lifetime s. 109 firearms prohibition (joint submission)
14. January 6, 2023
    R. v. Dugas, 2023 BCSC 85Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking, Vernon. Justice Briana Hardwick

    • Below the Crown's ask
    Four years (fentanyl PPT) and three years (loaded prohibited firearm) consecutive, reduced to six years global, less 33 months credit
15. December 15, 2022
    R. v. West, 2022 BCSC 2348Possession of a loaded prohibited or restricted firearm; Reckless discharge of a restricted or prohibited firearm; Dangerous operation of a conveyance; Possession of a controlled substance; Possession of a weapon contrary to a prohibition order, Prince George. Justice Ronald S. Tindale

    • Below the Crown's ask
    5.5 years (2,007 days) less 1,199 days pre-trial credit, leaving 808 days; lifetime s. 109 prohibition, DNA, forfeiture
16. November 15, 2022
    R. v. Arsenault, 2022 NSSC 325Careless use or storage of a firearm; Possession of a firearm knowing its possession is unauthorized; Possession of a loaded prohibited or restricted firearm; Impaired operation of a conveyance; Failure or refusal to provide a sample; Possession of a weapon contrary to a prohibition order; Contravention of firearm storage regulations; Occupant of a motor vehicle knowing there is a firearm, Halifax. Justice Scott C. Norton

    • 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
17. July 26, 2022
    R. v. Saunders, 2022 BCSC 2118Possession of a loaded prohibited or restricted firearm, Williams Lake. Justice Marguerite H. Church

    • Below the Crown's ask
    Conditional sentence of two years less a day (730 days, less 128 days credit), then 2 years probation; lifetime s. 109 prohibition, DNA order
18. June 6, 2022
    R. v. Pelgrom, 2022 BCSC 1058Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking, Victoria. Justice John J. Steeves

    • Below the Crown's ask
    7 years (8 years reduced for totality), less 1,551 days pre-sentence credit
19. April 27, 2022
    R. v. Harmes, 2022 BCSC 663Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order, Mission. Justice Martha M. Devlin

    • Below the Crown's ask
    14 years global (12 years on drug/firearm indictment plus 2 years consecutive for breaching firearms prohibitions), less 977 days credit (net 4,133 days)
20. April 11, 2022
    R. v. Olivotto, 2022 BCSC 674Possession of a loaded prohibited or restricted firearm, Victoria. Justice James W. Williams
    12 months' incarceration, consecutive to the sentence being served
21. March 29, 2022
    R. v. Kim, 2022 BCSC 518Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Trafficking or possession for trafficking (Schedule IV substance), Richmond. Justice Martha M. Devlin

    • Below the Crown's ask
    10 years global custody (all counts concurrent)
22. March 17, 2022
    R. v. Cox, 2022 NSSC 95Possession of a weapon for a dangerous purpose; Possession of a firearm knowing its possession is unauthorized; Possession of a loaded prohibited or restricted firearm; Breach of a probation order; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order; Occupant of a motor vehicle knowing there is a firearm, Bridgewater. Justice Diane Rowe

    • Below the Crown's ask
    • On release at the time
    6 years and 6 months' imprisonment (federal), less 129 days' pre-sentence credit
23. March 10, 2022
    R. v. Grace, 2022 BCSC 475Careless use or storage of a firearm; Possession of a firearm knowing its possession is unauthorized; Possession of a loaded prohibited or restricted firearm; Occupant of a motor vehicle knowing there is a firearm, Vernon. Justice Jasmin Z. Ahmad

    • 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
24. February 14, 2022
    R. v. Haynes, 2022 BCSC 1186Unauthorized possession of a firearm; Possession of a loaded prohibited or restricted firearm; Possession of a weapon contrary to a prohibition order; Possession of explosive substance without lawful excuse, Kamloops. Justice Gary P. Weatherill
    54 months less one day in jail (global), less 30 months' credit, leaving 24 months less one day
25. December 22, 2021
    R. v. Robicheau, 2021 NSPC 62Careless use or storage of a firearm; Carrying a concealed weapon; Possession of a firearm knowing its possession is unauthorized; Possession of a loaded prohibited or restricted firearm; Possession of a weapon contrary to a prohibition order; Occupant of a motor vehicle knowing there is a firearm, Dartmouth. Judge Theodore K. Tax

    • 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

Judges who sentenced this offence

• The Honourable Justice Alan M. Ross3 cases
• The Honourable Justice Briana Hardwick3 cases
• The Honourable Justice Robin A. M. Baird3 cases
• The Honourable Justice Baljinder Kaur Girn2 cases
• The Honourable Justice Eric V. Gottardi2 cases
• The Honourable Justice Karrie A. Wolfe2 cases
• The Honourable Justice Martha M. Devlin2 cases
• The Honourable Justice Richard Hewson2 cases
• The Honourable Justice Ronald S. Tindale2 cases
• The Honourable Justice Sandra Wilkinson2 cases
• The Honourable Justice Scott C. Norton2 cases
• The Honourable Justice Steven Wilson2 cases
• The Honourable Judge Theodore K. Tax2 cases
• The Honourable Justice Andrew P. A. Mayer1 case
• The Honourable Justice Bruce Elwood1 case
• The Honourable Justice Diane Rowe1 case
• The Honourable Judge Elizabeth A. Buckle1 case
• The Honourable Justice Gary P. Weatherill1 case
• The Honourable Justice Geoffrey R. J. Gaul1 case
• The Honourable Justice Jacqueline D. Hughes1 case
• The Honourable Justice James W. Williams1 case
• The Honourable Justice Jasmin Z. Ahmad1 case
• The Honourable Justice Jennifer M.I. Duncan1 case
• The Honourable Justice John Gibb-Carsley1 case
• The Honourable Justice John J. Steeves1 case
• The Honourable Justice John P. Bodurtha1 case
• The Honourable Justice Karen Horsman1 case
• The Honourable Justice Lindsay R. LeBlanc1 case
• The Honourable Justice Lisa J. Hamilton1 case
• The Honourable Justice Marguerite H. Church1 case

All judges