Possession of a loaded prohibited or restricted firearm, Possession of a firearm knowing its possession is unauthorized, Occupant of a motor vehicle knowing there is a firearm, Careless use or storage of a firearm
R. v. Grace
- 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
Brydon Cole Grace was convicted after trial of four firearms offences, including possessing a loaded restricted firearm, after a conservation officer found a loaded handgun in his backpack at a lake near Vernon. The Crown sought 30 months in jail for the s. 95(1) offence; the defence sought a conditional sentence of two years less a day. Justice Ahmad imposed a conditional sentence of two years less a day, finding his possession of the handgun was not linked to any criminal activity.
In the judge's words
1As set out above, in this case, I am satisfied that Mr. Grace's possession of the handgun was not linked to any criminal activity of any nature. Although not entirely benign, and definitely reckless, Mr. Grace lacked any malicious intent, only wanting to feel safe in the bush.
The record
Sources
- R. v. Grace, 2022 BCSC 475 Court decision, CanLII, March 10, 2022
[34] It argues that the sentencing guidelines established in the case law dictate that a sentence of 30 months for Count 4, being the s. 95(1) offence, is appropriate. … Based on Holt, it argues that a 30-month jail term is appropriate.
[39] In respect of Count 4, the s. 95(1) offence, he submits that his individualized circumstances warrant a sentence of two years less a day and that it is appropriate that the term of imprisonment be served in the community under a conditional sentence order with strict conditions.
[41] In striking down what was then a mandatory three year minimum sentence under s. 95(1), in Nur, the Supreme Court of Canada recognized that there is a wide spectrum of conduct caught by that section.
Brydon Cole Grace
[21] Prior to these convictions, Mr. Grace did not have a criminal record and has not had any involvement in criminal activities since.
[101] As set out above, in this case, I am satisfied that Mr. Grace's possession of the handgun was not linked to any criminal activity of any nature. Although not entirely benign, and definitely reckless, Mr. Grace lacked any malicious intent, only wanting to feel safe in the bush.
[130] … c) On Count 4, possessing a loaded restricted firearm contrary to s. 95(1) of the Criminal Code, I sentence you to a conditional sentence of two years less a day; … [131] Those conditional sentences are to be served concurrently.
- R. v. Grace, 2022 BCSC 475 Court decision, Courts of British Columbia