Possession of a weapon for a dangerous purpose, Assault, Pointing a firearm, Careless use or storage of a firearm
R. v. Britnell
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
James Fredrick Henry Britnell pleaded guilty to assault, pointing a firearm, possessing a firearm for a dangerous purpose and careless storage of a firearm after an argument at a Chilliwack apartment complex in 2018, in which he fired a shotgun near the victim. The Crown sought two to three years of incarceration; the defence sought a conditional sentence. Justice Caldwell imposed nine months in custody on the concurrent counts, followed by 18 months of probation, finding the offences very serious and that he had not grasped their gravity.
In the judge's words
1While under the influence of alcohol, he gained possession of a loaded shotgun, walked it across a courtyard, and discharged it in the general direction of the victim. Such behaviour is simply not to be condoned in any fashion in our society. It puts everyone at risk, including Mr. Britnell himself.
The record
- Convicted of
- Possession of a weapon for a dangerous purpose (CC 88)
- Assault (CC 266)
- Pointing a firearm (CC 87)
- Careless use or storage of a firearm (CC 86(1))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: J. Lester
Defence: A.K.M. Falk
Sources
- R. v. Britnell, 2022 BCSC 1641 Court decision, CanLII, August 3, 2022
[49] Crown counsel seeks a total sentence in the range of two to three years of incarceration.
[1] THE COURT: Mr. James Fredrick Henry Britnell appears for sentencing on Counts 1, 2, 3, and 4 of Information/Indictment 68091‑2, namely assault, pointing a firearm, possessing a firearm for a dangerous purpose, and careless storage of a firearm.
[47] … While under the influence of alcohol, he gained possession of a loaded shotgun, walked it across a courtyard, and discharged it in the general direction of the victim. Such behaviour is simply not to be condoned in any fashion in our society. It puts everyone at risk, including Mr. Britnell himself.
[53] Having heard counsel and having considered the circumstances of this case, I impose the following sentences: … Count 2, pointing the firearm at … nine months in custody; … Count 3, possession of a firearm for a purpose dangerous to the public peace, nine months' incarceration, in custody; … [54] All of those sentences are to run concurrently, not consecutively, concurrently. The incarceration or custodial sentence will be followed by a period of 18 months of probation.
- Criminal Code, s. 87 Record, Justice Laws Website
- R. v. Britnell, 2022 BCSC 1641 Court decision, Courts of British Columbia