Possession of a weapon contrary to a prohibition order, Possession of a firearm knowing its possession is unauthorized
R. v. Sekulich
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
Chad Michael Sekulich pleaded guilty to unauthorized possession of a firearm and possession of a firearm while under a lifetime prohibition order, after two loaded, unsecured shotguns were found in his home near Nakusp. The Crown and defence jointly proposed a two-years-less-a-day conditional sentence followed by 18 months of probation. Justice Lyster accepted the joint submission, finding it was not so unhinged from the circumstances as to bring the administration of justice into disrepute, and noted two years of compliance with release conditions.
In the judge's words
1However, the CSO proposed is not so unhinged from the circumstances of these offences and the circumstances of Mr. Sekulich that its acceptance would lead reasonable and informed persons, aware of all of the relevant circumstances, including the importance of promoting certainty and resolution discussions, to believe that the proper functioning of the justice system has broken down.
The record
Sources
- R. v. Sekulich, 2024 BCSC 1826 Court decision, CanLII, September 12, 2024
[3] The Crown and defence counsel have brought forward a joint submission with respect to the sentence to be imposed on Mr. Sekulich. The submission is that Mr. Sekulich be sentenced to 12 months on Count 4, with 12 months less a day on Count 8, the sentences to run consecutively, for a total sentence of two years less a day. They further jointly submit that the court should impose a conditional sentence order ("CSO") which would mean that Mr. Sekulich would serve his sentence in the community.
[3] The Crown and defence counsel have brought forward a joint submission with respect to the sentence to be imposed on Mr. Sekulich. The submission is that Mr. Sekulich be sentenced to 12 months on Count 4, with 12 months less a day on Count 8, the sentences to run consecutively, for a total sentence of two years less a day. They further jointly submit that the court should impose a conditional sentence order ("CSO") which would mean that Mr. Sekulich would serve his sentence in the community.
[1] THE COURT: These are my oral reasons for decision with respect to the sentence to be imposed upon Mr. Sekulich. Mr. Sekulich has pleaded guilty to two counts on Information 27171-2.
[26] … However, the CSO proposed is not so unhinged from the circumstances of these offences and the circumstances of Mr. Sekulich that its acceptance would lead reasonable and informed persons, aware of all of the relevant circumstances, including the importance of promoting certainty and resolution discussions, to believe that the proper functioning of the justice system has broken down.
[28] Mr. Sekulich, I sentence you to 12 months on Count 4 and 12 months less a day on Count 8, the sentences to be served consecutively in the community. That will be followed by a probation term of 18 months.
- R. v. Sekulich, 2024 BCSC 1826 Court decision, Courts of British Columbia