Possession of a loaded prohibited or restricted firearm, Possession of a weapon contrary to a prohibition order

R. v. Beaton

Sentence and the Crown's position

Crown asked5 years and 6 months in custody1
Judge imposedFive and a half years in prison (four and a half years on the loaded firearm count plus one year consecutive for breaching the prohibition order), less 438 days of presentence custody1

What the law allows

Maximum14 years
Crown asked5 years and 6 months in custody
Judge imposed5 years and 6 months 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 39% of the maximum. Read the section.

Raymond Beaton pleaded guilty to possessing a loaded prohibited or restricted firearm and to possessing a firearm and ammunition while prohibited, after he loaded a stolen revolver and discarded it on a boulevard in Saanich when police arrived. The Crown sought a global sentence of five and a half years. Justice Gaul accepted that submission and imposed four and a half years plus one year consecutive, with 438 days deducted for presentence custody, naming general and specific deterrence and protection of the public as the primary principles.

In the judge's words

In my view, general and specific deterrence, as well as the protection of the public, are the primary principles of sentencing that govern this case.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: P. J. Cheeseman

Sources

  1. R. v. Beaton, 2024 BCSC 1710 Court decision, CanLII, February 27, 2024[32] Given the fact that the sentences will be consecutive, and considering the totality principle, the Crown submits that Mr. Beaton ought to receive a global sentence of five-and-a-half years in prison for both offences.There is no minimum sentence for either offence.[1] THE COURT: The indictment before the court, filed 14 September 2023, charged the accused, Raymond Beaton, with three firearms related offences, all alleged to have been committed on or about 11 April 2023, at or near Saanich, British Columbia.[50] In my view, general and specific deterrence, as well as the protection of the public, are the primary principles of sentencing that govern this case.[54] I am sentencing you to a custodial sentence of four-and-a-half years on Count Number 1. … [55] For Count Number 2, I am sentencing you to an additional one year, to be served consecutively to Count Number 1. … [56] You have spent 438 days in presentence custody.
  2. R. v. Beaton, 2024 BCSC 1710 Court decision, Courts of British Columbia

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