Discharging a firearm with intent, Aggravated assault, Possession of a firearm knowing its possession is unauthorized, Pointing a firearm
R. v. Tregear
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Paul Tregear was convicted by a jury of possessing a firearm without a licence, pointing a firearm, discharging a firearm with intent to wound, and aggravated assault after he shot his neighbour during a confrontation in 2022. The Crown sought concurrent sentences topped by eight years; the defence sought a conditional sentence of two years less a day. Justice Matthews imposed concurrent sentences totalling seven years, less 30 days of credit, finding the moral blameworthiness very high and a sentence under two years far below the range.
In the judge's words
1The moral blameworthiness of his offending is very high on these firearm offences. The jurisprudence emphasizes denunciation and deterrence. On Count 3 or 4, a sentence of below two years would be so far below the range that, without some extraordinary mitigating factors, it is inconceivable.
The record
- Convicted of
- Discharging a firearm with intent (CC 244)
- Aggravated assault (CC 268)
- Possession of a firearm knowing its possession is unauthorized (CC 92(1))
- Pointing a firearm (CC 87)
- Prior convictions
- 2 prior convictions, 1 violent1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: S. Green
Defence: N. Brooks
Sources
- R. v. Tregear, 2025 BCSC 1834 Court decision, CanLII, August 29, 2025
[2] The Crown seeks a series of concurrent sentences, the longest of which is eight years for Counts 3 and 4, as well as ancillary orders.
[3] Mr. Tregear asserts that he is remorseful, he has commenced rehabilitation by ceasing drinking, and in those circumstances, a conditional sentence of two years less a day and three years of probation is appropriate.
[154] None of the offences have a mandatory minimum sentence; therefore, that obstacle to a conditional sentence order is not present.
[1] After a trial with a jury, Paul Tregear was convicted on each count of a four‑count indictment
[74] Mr. Tregear is currently 58 years old. He was 55 years old at the time of his offending. He has a criminal record. In 1987, at the age of 20, he was convicted of breaking and entering. He received a suspended sentence and probation of two years. In 2006, he was convicted of sexual assault of his young daughter.
[207] The moral blameworthiness of his offending is very high on these firearm offences. The jurisprudence emphasizes denunciation and deterrence. On Count 3 or 4, a sentence of below two years would be so far below the range that, without some extraordinary mitigating factors, it is inconceivable.
[216] Before credit for time served, your total sentence is seven years, as these sentences are to be served concurrently. You have served 20 days in presentence custody. I grant you credit for 30 days, leaving a sentence to be served of six years and 335 days.
- R. v. Tregear, 2025 BCSC 1834 Court decision, Courts of British Columbia