Possession of a loaded prohibited or restricted firearm, Possession of a weapon contrary to a prohibition order, Operation while prohibited, Occupant of a motor vehicle knowing there is a firearm, Breach of a release order

R. v. Soderberg

  • Below the Crown's ask
  • On release at the time

Sentence and the Crown's position

Crown asked6 years in custody1
Judge imposed5 years global custody (less 1,028 days credit) and a $1,000 fine1
1 year less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked6 years in custody
Judge imposed5 years in custody
Defence asked5 years in custody
For possession of a loaded prohibited or restricted firearm (CC 95(1)), the Criminal Code currently allows up to 14 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 36% of the maximum. Read the section.

Collin Soderberg pleaded guilty to seven offences from two incidents in 2022, including two counts of possessing a loaded restricted or prohibited firearm and two counts of possessing a firearm while prohibited; the second incident occurred while he was on bail for the first. The Crown sought a global sentence of six years and the defence five years. Justice Elwood imposed a global sentence of five years with a $1,000 fine, finding that the Crown's proposal did not give adequate effect to the Gladue factors.

In the judge's words

[92] In my view, the Crown's proposal does not give adequate effect to the Gladue factors in this case.

1

The record

Prior convictions
Not recorded
At the time of the offence
On bail1
Defence asked for
5 years in custody1
Appeal
Not yet checked
Counsel
Crown: M. Ogi-Harris
Defence: M. Patterson

Sources

  1. R. v. Soderberg, 2024 BCSC 1099 Court decision, CanLII, June 14, 2024[39] The Crown seeks a global sentence for Mr. Soderberg of six years of imprisonment[40] The defence seeks a global sentence of five years[2] On June 14, 2023, Collin Soderberg pled guilty to a number of charges in two multi-count indictments.[76] In addition, Mr. Soderberg was on bail at the time of the July offences.[92] In my view, the Crown's proposal does not give adequate effect to the Gladue factors in this case.[97] I sentence you to a global sentence of five years and a fine of $1,000. … [98] You are entitled to credit for your time served at a rate of 1.5 days for each day spent in pre-trial custody. Crown and defence agree that this means you are entitled to a credit of 1,028 days, or 34 months.
  2. R. v. Soderberg, 2024 BCSC 1099 Court decision, Courts of British Columbia

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