Possession of a loaded prohibited or restricted firearm, Possession of a weapon contrary to a prohibition order, Possession of explosive substance without lawful excuse, Unauthorized possession of a firearm
R. v. Haynes
Sentence and the Crown's position
What the law allows
Brett Haynes pleaded guilty to possessing a loaded prohibited firearm, possessing firearms without a licence, possessing an explosive substance, and possessing firearms while prohibited, all found in Kamloops in June 2020. Crown and defence jointly proposed a global sentence of 54 months less one day. Justice Weatherill accepted the joint submission, giving credit for 30 months served and leaving 24 months less one day to serve, saying that although it was close to the line, it gave effect to the principles of sentencing.
In the judge's words
1There are significant aggravating factors in this case, primarily involving his previous convictions and his steadfast failure to recognize that a lifetime prohibition of the possession of firearms is just that. … Although it is close to the line, I find that, in the circumstances, it does give effect to the principles of sentencing that I have mentioned earlier.
The record
Sources
- R. v. Haynes, 2022 BCSC 1186 Court decision, CanLII, February 14, 2022
[9] Counsel for the Crown and counsel for the accused, Mr. Haynes, put forward to the court a joint submission or a joint sentence proposal. … [29] THE COURT: The joint submission is as follows: that under Indictment Number 109789-1, there be a global sentence of 54 months in jail less one day with credit for 30 months' jail time served resulting in 24-months-less-one-day new jail time to be served.
[9] Counsel for the Crown and counsel for the accused, Mr. Haynes, put forward to the court a joint submission or a joint sentence proposal. … [29] THE COURT: The joint submission is as follows: that under Indictment Number 109789-1, there be a global sentence of 54 months in jail less one day with credit for 30 months' jail time served resulting in 24-months-less-one-day new jail time to be served.
Brett Kiichi HAYNES, on or about the 10th day of June, 2020, at or near Unit A20 - 1271 Salish Road, in the City of Kamloops, in the Province of British Columbia, did unlawfully possess a loaded prohibited firearm
[5] Mr. Haynes has a lengthy criminal record comprising no less than 64 previous convictions.
[7] There are significant aggravating factors in this case, primarily involving his previous convictions and his steadfast failure to recognize that a lifetime prohibition of the possession of firearms is just that. … [15] … Although it is close to the line, I find that, in the circumstances, it does give effect to the principles of sentencing that I have mentioned earlier.
[29] THE COURT: The joint submission is as follows: that under Indictment Number 109789-1, there be a global sentence of 54 months in jail less one day with credit for 30 months' jail time served resulting in 24-months-less-one-day new jail time to be served. … [15] All that said, though, I acknowledge the work that Crown counsel and your defence counsel, Mr. Haynes, have done and no doubt it was difficult, but at the end of the day, they have arrived at a joint recommendation that sets out a proposed sentence that is within the recognized range and, in my view, in the circumstances, is not contrary to the public interest and would not bring the administration of justice into disrepute.
- R. v. Haynes, 2022 BCSC 1186 Court decision, Courts of British Columbia