Using an imitation firearm in the commission of an offence, Uttering threats to cause death or bodily harm
R. v. C-H.M.C.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
A jury convicted the offender of uttering threats to cause death or bodily harm and using an imitation firearm while doing so, over two episodes in 2018; he was acquitted of sexual assault. The Crown sought 18 months in custody (six months plus 12 months consecutive) and the defence sought a suspended sentence or a six-month conditional sentence. Justice Gomery imposed 13 months in custody followed by 12 months of probation, finding that denunciation and deterrence were particularly pressing.
In the judge's words
1[62] Nor do I accept that a conditional sentence order is appropriate because, as contemplated in Proulx, this is a case in which the objectives of denunciation and deterrence are particularly pressing.
The record
- Convicted of
- Using an imitation firearm in the commission of an offence (CC 85(2))
- Uttering threats to cause death or bodily harm (CC 264.1(1)(a))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Suspended sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: A. Gal-Or
Defence: J. Myers
Sources
- R. v. C-H.M.C., 2024 BCSC 689 Court decision, CanLII, April 3, 2024
[43] The Crown seeks a sentence of six months in jail on the offence of threatening and a further 12 months in jail for the use of a firearm, a term of probation for two years following the prison sentence
[44] The defence seeks a suspended sentence or alternatively conditional sentence order with a term of six months followed by a term of probation for one year.
[11] … He has no criminal record.
[62] Nor do I accept that a conditional sentence order is appropriate because, as contemplated in Proulx, this is a case in which the objectives of denunciation and deterrence are particularly pressing.
[66] Mr. C, please stand. For the reasons I have given, I sentence you to four months in custody on Count 2 for uttering threats, and nine months consecutive on Count 3 for using a weapon in the course of committing the offence of uttering threats. [67] Following the conclusion of your custodial sentence, you must comply with a probation order for a term of 12 months.
- R. v. C-H.M.C., 2024 BCSC 689 Court decision, Courts of British Columbia