Possession of a Schedule I or II substance for the purpose of trafficking, Impaired operation of a conveyance, Failure to stop after an accident, Break and enter a place other than a dwelling-house, Possession of break-in instruments, Disguise with intent to commit an indictable offence, Possession of a controlled substance, Unauthorized possession of a firearm, Failure to attend court, Breach of an undertaking, Contravention of firearm storage regulations
R. v. Wilson
- On release at the time
Sentence and the Crown's position
What the law allows
John Henry Wilson pleaded guilty to 16 charges committed between 2020 and 2022, including two commercial break-ins, possession of cocaine for the purpose of trafficking, unlicensed possession and unsafe storage of firearms, drug-impaired driving and failures to attend court. The federal prosecutor sought 18 months to 2 years for the drug charges and the provincial prosecutor 30 to 36 months for the Criminal Code charges; the defence sought 30 months. Judge Atwood imposed 5 years' imprisonment less a 6-month remand credit, plus fines, a driving prohibition and restitution, noting the break-ins were planned and committed for gain.
In the judge's words
1The break-ins were planned and premeditated, and committed for gain. These were not impulsive act of vandalism, but calculated schemes aimed at stealthy stealing for resale. The impact on business operations must have been significant.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2))
- Impaired operation of a conveyance (CC 320.14(1)(a))
- Failure to stop after an accident (CC 320.16(1))
- Break and enter a place other than a dwelling-house (CC 348(1)(e), 2 counts)
- Possession of break-in instruments (CC 351(1), 2 counts)
- Disguise with intent to commit an indictable offence (CC 351(2))
- Possession of a controlled substance (CDSA 4(1))
- Unauthorized possession of a firearm (CC 91(1), 2 counts)
- Failure to attend court (CC 145(2), 2 counts)
- Breach of an undertaking (CC 145(4))
- Contravention of firearm storage regulations (CC 86(2), 2 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Defence asked for
- 30 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Bronwyn Duffy (Public Prosecution Service of Canada); Herman Felderhof (Nova Scotia Public Prosecution Service)
Defence: Robert M Sutherland
Sources
- R. v. Wilson, 2022 NSPC 43 Court decision, CanLII, November 30, 2022
[3] Defence counsel seeks a sentence of 30 months for all charges.
[1] John Henry Wilson is before the court for an array of conveyance, property, controlled-substance, and administration-of-justice offences committed between 8 November 2020 and 6 August 2022.
6 August 2022: Police conduct a warranted search of Mr Wilson’s residence and find two unsecure firearms, one in the living room and one in the dining room. At the time, Mr was subject to a firearm prohibition in undertaking # 232066.
[22] The break-ins were planned and premeditated, and committed for gain. These were not impulsive act of vandalism, but calculated schemes aimed at stealthy stealing for resale. The impact on business operations must have been significant.
[4] All counsel are agreed that Mr Wilson is entitled to a remand credit; I reckon that credit entitlement as 180 days or 6 months. … [5] For the reasons that follow, the court sentences Mr Wilson to a term of imprisonment of 5 years, less the remand credit of 6 months, along with ancillary orders and restitution orders.
- R. v. Wilson, 2022 NSPC 43 Court decision, Courts of Nova Scotia