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
What the law allows
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
1[92] In my view, the Crown's proposal does not give adequate effect to the Gladue factors in this case.
The record
- Convicted of
- Possession of a loaded prohibited or restricted firearm (CC 95(1), 2 counts)
- Possession of a weapon contrary to a prohibition order (CC 117.01(1), 2 counts)
- Operation while prohibited (CC 320.18(1))
- Occupant of a motor vehicle knowing there is a firearm (CC 94(1))
- Breach of a release order (CC 145(5))
- 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
- 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.
- R. v. Soderberg, 2024 BCSC 1099 Court decision, Courts of British Columbia