Reckless discharge of a firearm, Aggravated assault

R. v. Deo

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposed4 years imprisonment on each offence, concurrent, less 30 days credit; lifetime s. 109 prohibition, DNA, restitution1
1 year less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked5 years in custody
Judge imposed4 years in custody
Defence asked4 years in custody
For reckless discharge of a firearm (CC 244.2), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 29% of the maximum. Read the section.

Varinder Singh Deo pleaded guilty to aggravated assault and to intentionally discharging a firearm while reckless as to the life or safety of another, after firing a handgun at two women walking away from his garage in Burnaby and wounding one of them. The Crown sought five years' imprisonment and the defence four years. Associate Chief Justice Holmes imposed four years' imprisonment on each offence, concurrent, finding that sentence would denounce and deter while leaving open his eventual return to the community; she noted his guilty pleas and remorse.

In the judge's words

In my view, in the particular circumstances, a sentence of four years' imprisonment will sufficiently denounce the conduct and deter Mr. Deo and others in similar circumstances, while also leaving open the prospect of Mr. Deo eventually rejoining the community as a contributing member.

1

The record

Prior convictions
1 prior conviction1
At the time of the offence
Not stated1
Defence asked for
4 years in custody1
Mandatory minimum
Found unconstitutional or not applied under a binding ruling1
Appeal
Not yet checked
Counsel
Crown: D.L. Mulligan
Defence: M.J. Swartz

Sources

  1. R. v. Deo, 2023 BCSC 2486 Court decision, CanLII, November 30, 2023[3] The Crown suggests a sentence of five years' imprisonment[4] The defence suggests a sentence of four years' imprisonment[29] Both of the offences in this case have a maximum sentence of 14 years' imprisonment. The offence of intentionally discharging a firearm while being reckless about lives and safety previously had a minimum sentence, but the Supreme Court of Canada found the mandatory minimum to be unconstitutional (in R. v. Hills, 2023 SCC 2), and the minimum sentence was removed from the Criminal Code by an amendment that came into force in November 2022.[1] Varinder Singh Deo has pleaded guilty to the aggravated assault of … by using a firearm to shoot and wound her[48] Mr. Deo has only one previous conviction, and the Crown does not suggest it to be relevant to consider in determining this sentence.[64] In my view, in the particular circumstances, a sentence of four years' imprisonment will sufficiently denounce the conduct and deter Mr. Deo and others in similar circumstances, while also leaving open the prospect of Mr. Deo eventually rejoining the community as a contributing member.[66] I sentence you on each of the offences to four years' imprisonment, to be served concurrently. … [67] You have served 20 days in presentencing custody after you were arrested, and for that you will have 30 days' credit
  2. R. v. Deo, 2023 BCSC 2486 Court decision, Courts of British Columbia

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