Possession of a loaded prohibited or restricted firearm, Possession of a weapon contrary to a prohibition order, Breach of a release order
R. v. Kelley
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
Michael Rene Kelley pleaded guilty to possessing a loaded restricted handgun with an obliterated serial number, possessing it while under firearms prohibition orders, and breaching a release order, after police stopped the van he was driving in Halifax in November 2023. The Crown sought a global sentence of four years and the defence three years. Justice Norton imposed three years and six months, made up of 30 months for the firearm and one year consecutive for breaching the prohibition, citing denunciation, deterrence and Kelley's 14 prior convictions; after 1,059 days of remand credit, 219 days remained, followed by 24 months of probation.
In the judge's words
1In my view, such a sentence reflects the need for denunciation of possession of illegal firearms in our community, 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. The sentences imposed previously on the Offender have not deterred his continued involvement in criminal activity.
The record
- Convicted of
- Possession of a loaded prohibited or restricted firearm (CC 95(1))
- Possession of a weapon contrary to a prohibition order (CC 117.01(1))
- Breach of a release order (CC 145(5))
- Prior convictions
- 14 prior convictions, 1 violent1
- At the time of the offence
- On bail1
- Defence asked for
- 3 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Stephen Anstey
Defence: Brian Bailey
Sources
- R. v. Kelley, 2025 NSSC 326 Court decision, CanLII, October 16, 2025
[8] The Crown and Mr. Kelley agree on many aspects of an appropriate sentence. The Crown asserts that a four-year global sentence is appropriate; Mr. Kelley asserts three years is appropriate.
[8] The Crown and Mr. Kelley agree on many aspects of an appropriate sentence. The Crown asserts that a four-year global sentence is appropriate; Mr. Kelley asserts three years is appropriate.
[2] The Agreed Facts are as follows: … Pursuant to section 655 of the Criminal Code of Canada, the Accused, Michael Rene Kelley, admits the following facts:
[2] The Agreed Facts are as follows: … 13. A search of CPIC confirmed that Mr. Kelley was on the above release order with a condition not to be in the driver's seat of a vehicle, at which point additional units were requested.
[6] The Offender has fourteen prior convictions between 2013 and 2019: one weapons offence, one property offence, nine administration of justice offences, one violent offence, and two offences for trafficking under the Controlled Drugs and Substances Act for which he received Federal sentences.
[9] … In my view, such a sentence reflects the need for denunciation of possession of illegal firearms in our community, 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. The sentences imposed previously on the Offender have not deterred his continued involvement in criminal activity.
[9] For the offence under s. 95, possession of a restricted firearm with ammunition, I impose a sentence of two years and six months incarceration. … [12] I endorse these analyses and impose a sentence of one year incarceration, consecutive to the other sentences imposed for the offence under s. 117.01(3)(a). … [14] With respect to remand credit, as of the sentencing date, the Offender will have a total of 706 days on remand, which entitles him to a credit (1.5:1) of 1059 days. Calculating the three year and six-month sentence as 1,278 days (365.25 x 3.5), the balance of the sentence is 219 days.
- Criminal Code, s. 95 Record, Justice Laws Website
- R. v. Kelley, 2025 NSSC 326 Court decision, Courts of Nova Scotia