Possession of a loaded prohibited or restricted firearm, Possession of a weapon contrary to a prohibition order, Possession of a weapon for a dangerous purpose, Occupant of a motor vehicle knowing there is a firearm, Uttering threats to cause death or bodily harm, Pointing a firearm, Resisting or obstructing a peace officer

R. v. J.R.L.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked4 years and 9 months in custody1
Judge imposed4 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 murder1

What the law allows

Maximum14 years
Crown asked4 years and 9 months in custody
Judge imposed4 years and 9 months in custody
Defence asked4 years and 9 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 34% of the maximum. Read the section.

The offender pleaded guilty to seven offences, including possession of a loaded restricted firearm, pointing a firearm, uttering threats and possessing a firearm while prohibited, arising from two confrontations in downtown Kelowna in July 2021. The Crown and defence jointly proposed four years and nine months. Justice Hardwick accepted the joint submission, imposing four years plus nine months consecutive, all concurrent to a life sentence the offender was already serving for a later second degree murder.

In the judge's words

I will not read them into the record for the purposes of these reasons for judgment, but I am satisfied that they support the joint submission that is being made by counsel in these circumstances.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
4 years and 9 months in custody1
Appeal
Not yet checked
Counsel
Crown: D. Grabavac
Defence: A. Willox

Sources

  1. R. v. J.R.L., 2025 BCSC 1303 Court decision, CanLII, March 14, 2025[14] On this basis, the Crown and the defence pose that a fit and appropriate sentence in the circumstances is a total sentence of four years and nine months broken down as follows:[14] On this basis, the Crown and the defence pose that a fit and appropriate sentence in the circumstances is a total sentence of four years and nine months broken down as follows:[28] … I will not read them into the record for the purposes of these reasons for judgment, but I am satisfied that they support the joint submission that is being made by counsel in these circumstances.[31] As it relates to Count 1, which is the offence contrary to s. 95 of the Criminal Code, I am sentencing you to four years in custody concurrent to your second degree murder conviction. … [34] As it relates to Count 4, which is the possession of the firearm contrary to s. 117.01(1) of the Criminal Code, I am sentencing you to nine months consecutive to Count 1 on this Indictment.
  2. R. v. J.R.L., 2025 BCSC 1303 Court decision, Courts of British Columbia

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