Possession of a loaded prohibited or restricted firearm, Possession of a weapon for a dangerous purpose, Uttering threats to cause death or bodily harm
R. v. Fuller
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
Darren William Fuller pleaded guilty to uttering threats, possession of a loaded prohibited or restricted firearm, and possession of a weapon for a dangerous purpose, arising from threats against his former intimate partner in 2022. Crown and defence jointly proposed sentences totalling 42 months; Justice Blok imposed a global sentence of 40 months, less 923 days of pre-sentence credit, after reducing the s. 88 sentence by two months to reflect time spent at a remote residential treatment facility on bail. The judge described the offences as extraordinarily threatening and violent while recognizing the offender's remorse and potential for rehabilitation.
In the judge's words
1There is no way to overstate this. This was extraordinarily threatening and violent behaviour. It is hard to imagine what would go through the mind of a victim faced with this kind of threatening and violent behaviour, together with a display of firearms available to carry out the threat. These offences are very, very serious.
The record
- Convicted of
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Appeal
- Not yet checked
- Counsel
- Crown: R. Roach
Defence: D. White
Sources
- R. v. Fuller, 2024 BCSC 1523 Court decision, CanLII, July 19, 2024
[49] Crown and defence also agree that the sentences in each of those indictments are to be consecutive to one another. These proposed sentences total 42 months.
[2] Darren William Fuller is before the Court for sentencing following his guilty pleas to three charges on two different indictments
[7] … Mr. Fuller was arrested for breaching his release conditions, as he had been prohibited from having any contact with Ms. W. as a result of a release order made on February 1, 2022. … [51] … (2) Mr. Fuller was bound by no‑contact orders at the time of his offending against Ms. W.; and (3) he was subject to weapons prohibitions at the time he was found to be in possession of weapons.
[55] There is no way to overstate this. This was extraordinarily threatening and violent behaviour. It is hard to imagine what would go through the mind of a victim faced with this kind of threatening and violent behaviour, together with a display of firearms available to carry out the threat. These offences are very, very serious.
[60] … the total sentence that has been proposed is one of 40 months, which is 1200 days, against which Mr. Fuller has credit at one and a half to one, totalling 922 and a half days, rounding up to 923, for a remaining sentence of 277 days. … [62] So the total sentence is 40 months. You have spent 615 days in custody and the credit given for that is 923 days, and so the remaining sentence that you will serve is 277 days.
- R. v. Fuller, 2024 BCSC 1523 Court decision, Courts of British Columbia