Possession of a loaded prohibited or restricted firearm, Carrying a concealed weapon
R. v. Huete
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Jonathan Huete was found guilty of possessing a loaded restricted firearm and carrying a concealed firearm after police arrested him in an apartment building parkade in Burnaby in 2020, where he handled a loaded pistol while fleeing officers. The Crown sought four years and the defence a conditional sentence of two years less a day. Justice Bantourakis imposed 36 months, finding the possession at the "true crime" end of the spectrum and his rehabilitation since arrest mitigating but not exceptional.
In the judge's words
1Taking the totality of the circumstances into account, and applying the purposes and principles of sentencing, I have concluded that a sentence of 36 months reflects the gravity of the s. 95(1) offence in this case and Mr. Huete's moral culpability for it, accounting for mitigating circumstances and Mr. Huete's rehabilitative efforts over several years following the offence. Without those circumstances and efforts, the sentence would have been longer.
The record
Sources
- R. v. Huete, 2025 BCSC 764 Court decision, CanLII, April 24, 2025
[21] The Crown submits that the appropriate sentence on the s. 95(1) offence is four years and that a one-year sentence for the s. 90(1) offence should run concurrently.
It proposes a two-year less a day conditional sentence, followed by three years probation.
There is no longer any mandatory minimum sentence.
[1] On June 3, 2024, Mr. Huete was found guilty of possessing a loaded restricted firearm contrary to s. 95(1) of the Criminal Code
Though Mr. Huete provided background to the current offences with reference to his substance use and involvement in related illicit activity, he has no prior criminal record.
[47] Taking the totality of the circumstances into account, and applying the purposes and principles of sentencing, I have concluded that a sentence of 36 months reflects the gravity of the s. 95(1) offence in this case and Mr. Huete's moral culpability for it, accounting for mitigating circumstances and Mr. Huete's rehabilitative efforts over several years following the offence. Without those circumstances and efforts, the sentence would have been longer.
[49] Mr. Huete, would you please stand? Taking all that I have discussed into account, I sentence you to 36 months incarceration. … [50] I have been advised that there is no pre-trial custody to be credited.
- R. v. Huete, 2025 BCSC 764 Court decision, Courts of British Columbia