Reckless discharge of a firearm, Aggravated assault, Pointing a firearm
R. v. Gallagher
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
Steven Marlo Gallagher was convicted after trial of aggravated assault, pointing a firearm and reckless discharge of a firearm after he fired a handgun during a fight he started on a crowded beach in Osoyoos on Canada Day 2022, wounding one man. The Crown sought 8 to 9 years after a reduction for totality. Justice Fitzpatrick imposed concurrent sentences totalling 7 years, consecutive to the sentences he was already serving, emphasizing denunciation and deterrence given his record of escalating firearms offences.
In the judge's words
1As I stated earlier in these reasons, the principles of sentencing deserving of the greatest emphasis here are denunciation and deterrence, even after considering the attenuated mitigating factors discussed above. Mr. Gallagher has a high degree of moral culpability given the seriousness of his actions, and in light of all of the significant aggravating factors I have discussed above, including his criminal record. His actions put many people in danger and caused serious direct harm to those involved.
The record
- Convicted of
- Reckless discharge of a firearm (CC 244.2)
- Aggravated assault (CC 268)
- Pointing a firearm (CC 87)
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Appeal
- Not yet checked
- Counsel
- Crown: N. Devji
Defence: D. Hopkins
Sources
- R. v. Gallagher, 2025 BCSC 416 Court decision, CanLII, March 7, 2025
[27] The Crown seeks a jail sentence of 9-10 years for each of Counts 1 and 3, to run concurrently, but reduced to 8-9 years based on the totality principle. Crown also seeks a concurrent sentence of 4 years for Count 2.
[1] On December 13, 2024, Steven Gallagher was convicted of serious gun-related offences arising from events at a local beach in Osoyoos, BC on Canada Day, July 1, 2022.
[61] As was noted in the previous sentencing decisions, in July 2022, Mr. Gallagher was already under a firearm prohibition from 2013 when these offences took place. In addition, in July 2022, Mr. Gallagher was in breach of his April 2021 undertaking given in the Provincial Court matter before Keyes PCJ by which he was prohibited from possessing any firearm, restricted or prohibited weapon and ammunition pending his trial in that matter.
[84] As I stated earlier in these reasons, the principles of sentencing deserving of the greatest emphasis here are denunciation and deterrence, even after considering the attenuated mitigating factors discussed above. Mr. Gallagher has a high degree of moral culpability given the seriousness of his actions, and in light of all of the significant aggravating factors I have discussed above, including his criminal record. His actions put many people in danger and caused serious direct harm to those involved.
[87] As the Crown agrees, some modest deduction is in order to address totality. As such, I impose the following jail sentences on Mr. Gallagher, all to run concurrently with each other but consecutive to the sentences that Mr. Gallagher is currently serving: … a) Count 1 (aggravated assault): 6.5 years; … b) Count 2 (pointing of firearm): 4 years; and … c) Count 3 (reckless discharge of firearm): 7 years.
- R. v. Gallagher, 2025 BCSC 416 Court decision, Courts of British Columbia