Possession of a loaded prohibited or restricted firearm

R. v. Robertson

Sentence and the Crown's position

Crown asked30 months in custody1
Judge imposed30 months' imprisonment, less 8 days' credit (902 days remaining as calculated by the court)1

What the law allows

Maximum14 years
Crown asked30 months in custody
Judge imposed30 months 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 18% of the maximum. Read the section.

Jordan Benjamin Robertson was convicted of possessing a loaded prohibited or restricted firearm, a handgun found in his hoodie pocket when police stopped the car he was driving in Sechelt. The Crown sought 30 months in jail; the defence asked for a community sentence. Justice Wilkinson imposed 30 months' imprisonment, less eight days' credit, finding no exceptional circumstances to justify a sentence below the normal range or in the community.

In the judge's words

[60] In my view, taking all of the circumstances into account, there are not present before me such exceptional circumstances as would be called for in order to sentence Mr. Robertson below the low end of the normal range, or that he should receive a sentence to be served in the community, even with significant supervision.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: T.R. McKelvey
Defence: B. Movassaghi

Sources

  1. R. v. Robertson, 2025 BCSC 944 Court decision, CanLII, April 4, 2025[13] The Crown seeks a jail sentence of 30 months, a s. 109 firearms prohibition order for a 10‑year period, and a forfeiture order.[2] On March 14, 2024, Mr. Robertson was convicted of one count of possessing a loaded prohibited or restricted firearm, a handgun, without being authorized, contrary to s. 95(1) of the Criminal Code[60] In my view, taking all of the circumstances into account, there are not present before me such exceptional circumstances as would be called for in order to sentence Mr. Robertson below the low end of the normal range, or that he should receive a sentence to be served in the community, even with significant supervision.[65] A custodial sentence of 30 months is, in my view, the shortest permissible sentence … [66] You are entitled to eight days' credit for time in custody before sentencing so that the resulting custodial sentence is 30 months less eight days, which is a total of 902 days. That is your sentence.
  2. R. v. Robertson, 2025 BCSC 944 Court decision, Courts of British Columbia

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