Sentence Watch

Occupant of a motor vehicle knowing there is a firearm

R. v. Chiappe

Crown asked547 days in custody1
Judge imposed18 months (547 days) custody less 459 days enhanced pre-sentence credit; 88 days left to serve; lifetime firearms prohibition1

What the law allows

Maximum10 years
Crown asked547 days in custody
Judge imposed547 days in custody
Defence asked547 days in custody
For occupant of a motor vehicle knowing there is a firearm (CC 94(1)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 15% of the maximum. Read the section.

Ryan Timothy Chiappe pleaded guilty, partway through a voir dire, to occupying a vehicle knowing a loaded .22 calibre pistol was in it. Crown and defence jointly proposed 18 months. Justice Tindale accepted the joint submission and imposed 547 days in custody less 459 days of enhanced pre-sentence credit, leaving 88 days to serve, plus a lifetime firearms prohibition, citing the early guilty plea, his efforts to address substance abuse and some difficulties with the Crown's case.

In the judge's words

Certainly, in cases involving firearms, deterrence and denunciation is the primary consideration. Loaded handguns, particularly in vehicles in the wee hours of the morning, are a recipe for disaster and mischief within the community.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
547 days in custody1
Appeal
Not yet checked
Counsel
Crown: R. Withall
Defence: T. Lagemaat

More cases by The Honourable Justice Ronald S. Tindale

  1. January 9, 2026
    R. v. Morgan, 2026 BCSC 94Manslaughter, Prince George
    • On release at the time
    1 day in jail, served by presence in court
  2. June 10, 2025
    R. v. Smith, 2025 BCSC 1650Possession of a loaded prohibited or restricted firearm; Robbery to steal a firearm, Prince George
    4 years in custody (30 months concurrent on firearm possession), less 917 days credit
  3. December 12, 2024
    R. v. Keyler, 2024 BCSC 2463Manslaughter; Indignity to human remains, Taylor
    Dangerous offender: 11 years (4,015 days) less 2,130 days credit, 2 years concurrent, then 10-year long-term supervision order
  4. January 13, 2023
    R. v. Matson, 2023 BCSC 141Possession of a controlled substance; Possession of a Schedule I or II substance for the purpose of trafficking, Mackenzie
    28 months jail (concurrent on all counts); DNA order, s. 109 prohibition, forfeiture

All cases by The Honourable Justice Ronald S. Tindale (5)

More occupant of a motor vehicle knowing there is a firearm cases

  1. April 21, 2026
    R. v. Anderson, 2026 BCSC 856Robbery; Breach of a release order; Occupant of a motor vehicle knowing there is a firearm, Kamloops. Justice Andrea L. Ormiston
    5 years global custody before credit for 714 days (476 actual days at 1.5:1); lifetime firearms ban
  2. January 16, 2026
    R. v. K.P.J.I.-B., 2026 BCSC 193Possession of a loaded prohibited or restricted firearm; Dangerous operation of a conveyance; Flight from a peace officer; Breach of a release order; Possession of a weapon contrary to a prohibition order; Occupant of a motor vehicle knowing there is a firearm, Prince George. Justice John Gibb-Carsley
    • On release at the time
    3.5 years (1,277 days) imprisonment, less 779 days credit for pre-sentence custody; 498 days remaining
  3. September 12, 2025
    R. v. Bujold, 2025 BCSC 1926Occupant of a motor vehicle knowing there is a firearm, Dawson Creek. Justice Joseph M. Doyle
    24 months custody less 357 days credit (373 days left to serve), then 12 months probation; 10-year weapons prohibition
  4. March 14, 2025
    R. v. J.R.L., 2025 BCSC 1303Uttering threats to cause death or bodily harm; Pointing a firearm; Possession of a weapon for a dangerous purpose; Possession of a loaded prohibited or restricted firearm; Possession of a weapon contrary to a prohibition order; Occupant of a motor vehicle knowing there is a firearm; Resisting or obstructing a peace officer, Kelowna. Justice Briana Hardwick
    4 years and 9 months in custody (4 years on the loaded restricted firearm count plus 9 months consecutive for breaching a weapons prohibition), concurrent to a life sentence for an unrelated murder

All occupant of a motor vehicle knowing there is a firearm cases (12)

More from the Supreme Court of British Columbia

  1. September 18, 2026
    R v Alves, 2026 BCSC 1792Possession of a Schedule I or II substance for the purpose of trafficking; Production of a Schedule I or II substance; Possession of anything for use in producing or trafficking a controlled substance, Maple Ridge. Justice Terence A. Schultes
    3 years' imprisonment on counts 1 and 2 and 2 years on count 3, concurrent
  2. September 15, 2026
    R. v. C.S.M., 2026 BCSC 1770Manslaughter, Coquitlam. Justice David M. Layton
    2 years and 99 days in custody, less 99 days credit (2 years remaining)
  3. September 11, 2026
    R. v. Dansereau, 2026 BCSC 1781Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order, Rossland. Justice Jacqueline D. Hughes
    5 years in custody (3.5 years firearm, concurrent 24 months drug, plus 1.5 years consecutive for breach of weapons prohibition), less 978 days credit
  4. September 11, 2026
    R v Stuart, 2026 BCSC 1783Aggravated assault, Vancouver. Justice Elin Sigurdson
    • Below the Crown's ask
    • No jail for a violent offence
    Two years less one day conditional sentence (201 days credited), followed by probation

All cases from the Supreme Court of British Columbia (520)

More cases in Prince George

  1. September 4, 2026
    R. v. A.L.S., 2026 BCSC 1717Sexual interference. Justice Andrew Majawa
    Four and one half years of incarceration
  2. June 19, 2026
    R. v. C.B., 2026 BCSC 1207Sexual assault; Sexual interference. Justice Palbinder Kaur Shergill
    • Below the Crown's ask
    7 years total: 5 years and 2 years consecutive
  3. May 26, 2026
    R. v. Dennis, 2026 BCSC 1113Second degree murder. Justice Simon R. Coval
    Life imprisonment, no parole for 10 years (concurrent on both counts)
  4. April 24, 2026
    R. v. Craig, 2026 BCSC 787Arson causing damage to property; Possession of property obtained by crime over $5,000. Justice Palbinder Kaur Shergill
    28 months jail (708 days credit, 132 days remaining), 9 months concurrent, then 1 year probation

All cases in Prince George (22)

Sources

  1. R. v. Chiappe, 2024 BCSC 2424 Court decision, CanLII, May 30, 2024[6] I am told this is a joint submission for a sentence of 18 months less any time that has already been served by Mr. Chiappe. … [14] The joint submission is for 18 months or 547 days[6] I am told this is a joint submission for a sentence of 18 months less any time that has already been served by Mr. Chiappe. … [14] The joint submission is for 18 months or 547 days[1] THE COURT: Timothy Chiappe has entered a plea of guilty to Count 1 on Court File Number 77891-2 out of the Prince George Registry[14] The joint submission is for 18 months or 547 days less the 399 days would leave 148 days' new jail time. Certainly, in cases involving firearms, deterrence and denunciation is the primary consideration. Loaded handguns, particularly in vehicles in the wee hours of the morning, are a recipe for disaster and mischief within the community.[31] I am going to sentence you to 547 days in custody less time for enhanced pretrial credit of 459 days. So the remaining sentence that you will have to serve is 88 days, sir.
  2. Criminal Code, s. 94 Record, Justice Laws Website
  3. R. v. Chiappe, 2024 BCSC 2424 Court decision, Courts of British Columbia

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