Possession of a loaded prohibited or restricted firearm

R. v. Marsman

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed30 months in custody, less 2 months' credit for house arrest bail and 119 days' credit for pre-trial custody (24 months and one day going forward)1
195 days less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked3 years in custody
Judge imposed30 months in custody
Defence asked731 days 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.

Treyton Marsman pleaded guilty to possession of a loaded prohibited firearm, found when Halifax police located him asleep in a vehicle in Fairview in February 2022. The Crown sought three years' incarceration on the basis that the gun was a tool of the drug trade, and the defence sought two years plus one day. Justice Bodurtha found the Crown had not proven the tool-of-the-trade allegation and imposed 30 months' imprisonment, less 2 months' credit for restrictive house arrest bail and 119 days' credit for pre-trial custody, citing his prior record for violence alongside the systemic factors in his Impact of Race and Cultural Assessment.

In the judge's words

Such a sentence reflects the need for denunciation of possession of illegal firearms in our communities, general deterrence for other persons who might be engaged in, or consider engaging in, similar activity, and separation of the Offender from the community given his continued engagement in criminal activity.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
731 days in custody1
Appeal
Not yet checked
Counsel
Crown: Stephen Anstey
Defence: Ian Hutchison, Michael W. Lacy

Sources

  1. R. v. Marsman, 2025 NSSC 156 Court decision, CanLII, March 26, 2025[6] The Crown seeks a sentence of three years’ incarceration, which is at the bottom of the “tool of the trade” range for the single count pursuant to s. 95, along with a lifetime prohibition order pursuant to s. 109, a secondary DNA order, and forfeiture of all items seized.[8] Based on the offender’s changed circumstances, the Defence is no longer seeking a conditional sentence order because it would not be appropriate in the circumstances. The Defence position as to sentence is as follows: … 2. An appropriate sentence of imprisonment is two years plus one day;[67] The IRCA Conclusion Remarks and Recommendations note that: … Mr. Treyton Marsman as a young Black male has experienced challenges with his identity growing up[96] Such a sentence reflects the need for denunciation of possession of illegal firearms in our communities, general deterrence for other persons who might be engaged in, or consider engaging in, similar activity, and separation of the Offender from the community given his continued engagement in criminal activity.[94] After considering all the evidence and authorities, along with the able arguments both oral and written from counsel, I impose the following sentence: … 1. 30 months’ imprisonment … - Minus 2 months’ credit for house arrest release conditions (28 months on restrictive bail); … - Minus 119 days’ credit for pre-trial custody (Used 79 days of remand credited at 1.5:1); … = sentence going forward of custodial time being 24 months and one day.
  2. R. v. Marsman, 2025 NSSC 156 Court decision, Courts of Nova Scotia

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