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

Crown asked3 years in custody1
Judge imposed30 months imprisonment (6 months concurrent on the second count), less 119 days credit1
195 days less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked3 years in custody
Judge imposed30 months in custody
Defence asked2 years conditional sentence
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 18% of the maximum. Read the section.

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

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.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years conditional sentence1
Appeal
Not yet checked
Counsel
Crown: T. Zanatta
Defence: C. Simmons (as agent for L. McPheeters)

Sources

  1. 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.
  2. R. v. Buchanan, 2025 BCSC 2435 Court decision, Courts of British Columbia

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