Possession of a loaded prohibited or restricted firearm

R. v. Saunders

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposedConditional sentence of two years less a day (730 days, less 128 days credit), then 2 years probation; lifetime s. 109 prohibition, DNA order1
3 years less custody than the Crown asked

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

Maximum14 years
Crown asked3 years in custody
Judge imposed2 years conditional sentence
Defence asked2 years conditional sentence
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 14% of the maximum. Read the section.

Randi Allison Saunders pleaded guilty to possessing a loaded prohibited firearm, a sawed-off shotgun, in her Williams Lake home in March 2019; during a confrontation in the residence she discharged it and wounded a woman. The Crown sought three years' imprisonment; the defence sought a two-year conditional sentence followed by probation. Justice Church imposed a conditional sentence of two years less a day followed by two years of probation, finding that Gladue factors and exceptional rehabilitative efforts justified a sentence below the usual range.

In the judge's words

A CSO of two years less a day with strict conditions would address the paramount principles of denunciation and deterrence, and recognize Ms. Saunders' reduced moral blameworthiness in her unique circumstances as an Indigenous offender and her exceptional efforts at rehabilitation despite her very difficult background circumstances.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
2 years conditional sentence1
Appeal
Not yet checked
Counsel
Crown: S.K. Mann
Defence: A.P. Kaiser

Sources

  1. R. v. Saunders, 2022 BCSC 2118 Court decision, CanLII, July 26, 2022[28] Crown seeks a sentence of three years imprisonment, less time spent in pre-sentence custody credited at 1.5 to one.[36] … He submitted that a fit and proper sentence in all of the circumstances is a two‑year conditional sentence order ("CSO") with a period of probation to follow.[1] THE COURT: On July 9, 2021, Randi Allison Saunders pleaded guilty to Count 6 on Indictment 35673‑2, and thereby admitted that on March 2, 2019, she possessed a loaded prohibited or restricted firearm, a sawed‑off shotgun, without being the holder of an authorization or licence to possess the firearm, contrary to s. 95(1) of the Criminal Code, R.S.C. 1985, c. C-46 [Code].[70] A CSO of two years less a day with strict conditions would address the paramount principles of denunciation and deterrence, and recognize Ms. Saunders' reduced moral blameworthiness in her unique circumstances as an Indigenous offender and her exceptional efforts at rehabilitation despite her very difficult background circumstances.[71] Ms. Saunders, would you please stand. On Count 6 of the indictment, I am sentencing you to a CSO of two years less a day which, by my count, is 730 days as it includes a leap day. You have served 85 days in pre-sentence custody on this file. You will be credited with 128 days, leaving a conditional sentence of 603 days left to serve. … [77] THE COURT: After your CSO is completed, you must comply with a probation order for a period of two years.
  2. R. v. Saunders, 2022 BCSC 2118 Court decision, Courts of British Columbia

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