Possession of a loaded prohibited or restricted firearm
R. v. Saunders
- Below the Crown's ask
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
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
1A 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.
The record
Sources
- 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.
- R. v. Saunders, 2022 BCSC 2118 Court decision, Courts of British Columbia