Possession of a loaded prohibited or restricted firearm
R. v. Olivotto
Sentence and the Crown's position
What the law allows
Bianca Carmelita Olivotto pleaded guilty to possessing a prohibited or restricted firearm with readily accessible ammunition without authorization, after police found a sawed-off rifle in her backpack in Victoria. Crown and defence jointly submitted one year in jail, consecutive to the three-year sentence she was already serving for drug offences. Justice Williams imposed 12 months' incarceration consecutive to that sentence, accepting that the combined four-year sentence was defensible given her youth, guilty plea and commitment to rehabilitation.
In the judge's words
1In this case, counsel urge upon the Court that this is a relatively young person; there is a guilty plea; she is apparently committed to rehabilitation; and, in all of the circumstances, the position of counsel is that the sentence here, when viewed in conjunction with the sentence imposed for the drug trafficking offences, constitutes a global four‑year sentence, and that is defensible in the totality of the circumstances.
The record
Sources
- https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc674/2022bcsc674.html Court decision
[12] In all of the circumstances, counsel jointly submit that the sentence to be imposed here should be one year jail, consecutive to time being served.
[12] In all of the circumstances, counsel jointly submit that the sentence to be imposed here should be one year jail, consecutive to time being served.
[2] Bianca Carmelita Olivotto is before this Court today to be sentenced.
[14] In this case, counsel urge upon the Court that this is a relatively young person; there is a guilty plea; she is apparently committed to rehabilitation; and, in all of the circumstances, the position of counsel is that the sentence here, when viewed in conjunction with the sentence imposed for the drug trafficking offences, constitutes a global four‑year sentence, and that is defensible in the totality of the circumstances.
[16] In the circumstances, I will impose the sentence sought. That is 12 months' incarceration, consecutive to any other sentence being served.
- R. v. Olivotto, 2022 BCSC 674 Court decision, Courts of British Columbia