Possession of a loaded prohibited or restricted firearm, Unauthorized possession of a firearm
R. v. Buchanan
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Maxwell Buchanan was convicted after trial of possessing an unloaded prohibited firearm, a sawed-off rifle, with readily accessible ammunition, and of possessing a firearm without a registration certificate, after he brandished the gun at two people in Polson Park in Vernon. The Crown sought three to four years in jail and the defence sought a two-year conditional sentence. Justice Wilson imposed 30 months' imprisonment, finding that a conditional sentence would not satisfy the need for denunciation and deterrence.
In the judge's words
1This case falls at the true crime end of the range of cases and, given that Mr. Buchanan took it to the park, it is not at the low end of the true crime range. I find that a conditional sentence order would not satisfy the community's need for denunciation and deterrence.
The record
Sources
- R. v. Buchanan, 2025 BCSC 2435 Court decision, CanLII, November 28, 2025
[3] The Crown's position on sentencing is that Mr. Buchanan should receive a jail sentence of three to four years.
[5] Counsel for Mr. Buchanan argues that a two‑year conditional sentence order would be appropriate in these circumstances followed by three years of probation.
[1] THE COURT: Mr. Buchanan is before the court today for sentencing. I convicted him after trial of:
[13] He did not have a criminal record at the time of this offence, even though he has a record for some subsequent offences.
[48] This case falls at the true crime end of the range of cases and, given that Mr. Buchanan took it to the park, it is not at the low end of the true crime range. I find that a conditional sentence order would not satisfy the community's need for denunciation and deterrence.
[51] I conclude that the fit sentence in this case is at the bottom end of the range, being 30 months' imprisonment. … [64] THE COURT: By my calculations, then, that would -- based on a 30 days per month times 30 months, 900 days, less 119 for credit, leaves 781 days remaining, by my calculations.
- R. v. Buchanan, 2025 BCSC 2435 Court decision, Courts of British Columbia