Possession of a loaded prohibited or restricted firearm, Possession of a weapon contrary to a prohibition order, Identity fraud (personation), Occupant of a motor vehicle knowing there is a firearm, Resisting or obstructing a peace officer

R. v. Lambert

  • Below the Crown's ask
  • On release at the time

Sentence and the Crown's position

Crown asked79 months in custody1
Judge imposed6 years global (5 years on s. 95 plus 12 months consecutive on s. 117.01), less 31.5 months pretrial credit1
6 months less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked79 months in custody
Judge imposed6 years in custody
Defence askedTime served
For possession of a loaded prohibited or restricted firearm (CC 95(1)), the Criminal Code currently allows up to 14 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 43% of the maximum. Read the section.

Devan Michael Lambert was convicted of possessing a loaded restricted firearm, possessing a firearm while prohibited, occupying a vehicle knowing a firearm was in it, personation to avoid arrest, and resisting a peace officer. The Crown sought six-and-a-half years; the defence sought time served and three years of probation. Justice Horsman imposed a global sentence of six years, less 31.5 months of pretrial credit, finding that his personal circumstances could not justify a sentence below the conventional range.

In the judge's words

However, given the serious nature of the offence, the accused's degree of moral culpability, and the paramount objectives of deterrence and denunciation in a case such as this, a sentence below the conventional range cannot be justified in this case on the basis of the accused's personal circumstances.

1

The record

Prior convictions
Not recorded
At the time of the offence
On probation1
Defence asked for
Time served1
Appeal
Not yet checked
Counsel
Crown: P. Cheeseman
Defence: M. Munro

Sources

  1. https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc2199/2021bcsc2199.html Court decision[26] The Crown submits that the accused should receive a global sentence of six-and-a-half years, less credit for time served.[32] The accused seeks a global sentence of time served followed by a three-year probation order.[27] … The maximum sentence for a conviction under s. 95(1) is 10 years and there is no minimum.[1] THE COURT: On June 9, 2021, I found the accused, Mr. Lambert, guilty of the offences charged in Counts 8 through 13 of the indictment which are as follows:[13] It is common ground that at the time of his arrest on April 5, 2019, the accused was under two mandatory orders under the Code which prohibited him from possessing a firearm as well as a probation order prohibiting him from possessing weapons.[42] However, given the serious nature of the offence, the accused's degree of moral culpability, and the paramount objectives of deterrence and denunciation in a case such as this, a sentence below the conventional range cannot be justified in this case on the basis of the accused's personal circumstances.[51] This results in a global sentence of six years before credit for time served. … [54] You will be given credit for 31.5 months of pretrial custody. This means the additional period of time to be served in 40.5 months.
  2. R. v. Lambert, 2021 BCSC 2199 Court decision, Courts of British Columbia

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