Possession of a loaded prohibited or restricted firearm, Possession of a weapon contrary to a prohibition order
R. v. Kipp
- Below the Crown's ask
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
Daniel Kipp pleaded guilty to two counts of possessing a restricted firearm and one count of possessing a firearm while prohibited, after police found two restricted firearms and loaded magazines in his backpack in Nanaimo in May 2023. The Crown sought five and a half years in federal custody. Justice Hamilton imposed a conditional sentence of two years less one day on house arrest followed by three years of probation, citing Gladue factors and his exceptional efforts at rehabilitation.
In the judge's words
1Of all the aggravating and mitigating factors, what stands out the most in this case are: 1) the Gladue factors that apply in Mr. Kipp's case; and 2) Mr. Kipp's already exceptional efforts to rehabilitate himself.
The record
- Convicted of
- Possession of a loaded prohibited or restricted firearm (CC 95(1), 2 counts)
- Possession of a weapon contrary to a prohibition order (CC 117.01(1))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: K.A. Grant
Defence: S.J. Roy
Sources
- R. v. Kipp, 2025 BCSC 2616 Court decision, CanLII, December 18, 2025
[64] As mentioned above, the Crown seeks a global sentence of five and a half years' federal imprisonment.
[66] Mr. Roy, counsel for Mr. Kipp, agrees that the Crown has accurately stated the normal range for sentences for the offences. However, Mr. Roy submits that a global sentence of two years less one day followed by three years' probation is a fit and appropriate sentence in this case. He submits that the sentence ought to be served in the community as a conditional sentence order.
[1] THE COURT: The offender, Daniel Kipp, previously entered a guilty plea to the following offences:
[86] Of all the aggravating and mitigating factors, what stands out the most in this case are: 1) the Gladue factors that apply in Mr. Kipp's case; and 2) Mr. Kipp's already exceptional efforts to rehabilitate himself.
[109] Balancing all of the relevant factors and considering the significant time that you have already spent at VIRCC, and then on house arrest at TRC, I sentence you to a global sentence of two years less one day imprisonment, to be served in the community on house arrest, subject to conditions which I will specify. … [113] The conditional sentence order will be followed by a three‑year probation period
- Criminal Code, s. 95 Record, Justice Laws Website
- R. v. Kipp, 2025 BCSC 2616 Court decision, Courts of British Columbia