Reckless discharge of a firearm
R. v. Diablo
Sentence and the Crown's position
What the law allows
Ryan Diablo pleaded guilty to discharging a firearm while reckless as to the life or safety of another person, after he fired a revolver three times through the door of a residence in Chilliwack in February 2024, wounding the victim in the chest. Crown and defence made a joint submission. Justice Walkem accepted it and imposed 30 months in jail, less 633 days of credit, followed by 18 months of probation, noting Gladue factors, his guilty plea despite triable issues and his lack of a criminal record.
In the judge's words
1I note, as emphasized by the parties, that a joint submission should always be taken seriously by the court and not disturbed unless it would not accord with sentencing principles or would bring the administration of justice into disrepute; and that was emphasized by R. v. Anthony-Cook, 2016 SCC 4, and again by R. v. Ordway, 2025 BCCA 202.
The record
- Convicted of
- Reckless discharge of a firearm (CC 244.2)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 912 days in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: A.R. Burns
Defence: J.P.A. Reveley
Sources
- R. v. Diablo, 2025 BCSC 2418 Court decision, CanLII, November 3, 2025
[2] Crown and defence counsel reached a joint submission on sentencing, and it is clear that counsel spent a great deal of time and consideration in reaching the submission. … [40] Your sentence is as the joint sentencing recommendations provided.
[2] Crown and defence counsel reached a joint submission on sentencing, and it is clear that counsel spent a great deal of time and consideration in reaching the submission. … [40] Your sentence is as the joint sentencing recommendations provided.
[1] THE COURT: The defendant, Ryan Daniel Anderson Diablo, pleaded guilty to Count 1, that:
[30] I note that Mr. Diablo does not have a criminal record. He has a history before the court that results in a conditional discharge.
[35] I note, as emphasized by the parties, that a joint submission should always be taken seriously by the court and not disturbed unless it would not accord with sentencing principles or would bring the administration of justice into disrepute; and that was emphasized by R. v. Anthony-Cook, 2016 SCC 4, and again by R. v. Ordway, 2025 BCCA 202.
[41] … You are sentenced to 30 months in jail, less time served, which as I have got the calculation here, 30 months is 912 days, minus the days that you have already served of 633, you have 279 days remaining to serve. … [66] THE COURT: The probation is 18 months.
- R. v. Diablo, 2025 BCSC 2418 Court decision, Courts of British Columbia