Possession of a loaded prohibited or restricted firearm, Unauthorized possession of a prohibited or restricted weapon

R. v. Khouchaba

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed3 years in custody (36 months on loaded prohibited firearm, 6 months concurrent on prohibited device)1

What the law allows

Maximum14 years
Crown asked3 years in custody
Judge imposed3 years in custody
Defence asked3 years 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 21% of the maximum. Read the section.

Victor Khouchaba pleaded guilty to possessing a loaded prohibited rifle and a prohibited magazine found in the trunk of the vehicle he was driving when police stopped him in Port Alberni in May 2022. The Crown and defence jointly proposed three years in custody. Justice Wolfe accepted the joint submission and imposed three years, finding it would achieve denunciation and deterrence while noting his guilty plea and lack of a criminal record.

In the judge's words

In this case, the proposed sentence reflects, in my view, an appropriate balancing of the relevant considerations. I am satisfied that the proposed sentence will achieve the denunciation and specific and general deterrence objectives that are foremost.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
3 years in custody1
Mandatory minimum
Found unconstitutional or not applied under a binding ruling1
Appeal
Not yet checked
Counsel
Crown: C.J. Gibson
Defence: J.D. Watt

Sources

  1. R. v. Khouchaba, 2025 BCSC 2592 Court decision, CanLII, December 15, 2025[25] In the present case, the Crown and defence propose a joint sentence of three years jail.[25] In the present case, the Crown and defence propose a joint sentence of three years jail.[29] I was referred to two cases in addition to Anthony-Cook: R. v. Holt, 2015 BCCA 302, and R. v. Buchanan, 2025 BCSC 2435. The case authorities, including those referenced in those two decisions, such as the Supreme Court of Canada's decision in R. v. Nur, 2015 SCC 15, confirm that despite the mandatory minimum sentence for these types of offences having been found unconstitutional, the appropriate range for a first-time offender for possession of prohibited firearms and ammunition is somewhere between 30 months and four years.[3] Mr. Khouchaba stands charged with nine counts on Indictment 41838‑2 in this matter, all arising from an incident with police on May 26, 2022, in Port Alberni.[20] Mr. Khouchaba has no prior criminal record.In this case, the proposed sentence reflects, in my view, an appropriate balancing of the relevant considerations. I am satisfied that the proposed sentence will achieve the denunciation and specific and general deterrence objectives that are foremost.[37] I sentence you to a global sentence of three years of incarceration, broken down as follows:
  2. R. v. Khouchaba, 2025 BCSC 2592 Court decision, Courts of British Columbia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.