Break and enter a dwelling-house, Reckless discharge of a firearm, Dangerous operation of a conveyance, Uttering threats to cause death or bodily harm, Pointing a firearm

R. v. Henry

  • Below the Crown's ask
  • On release at the time

Sentence and the Crown's position

Crown asked7 years in custody1
Judge imposed6 years imprisonment on all counts, concurrent1
1 year less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked7 years in custody
Judge imposed6 years in custody
Defence asked5 years in custody
For break and enter a dwelling-house (CC 348(1)(d)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

David Brock Henry pleaded guilty to reckless discharge of a firearm, break and enter of a dwelling, two counts of pointing a firearm, uttering threats and dangerous driving, arising from a July 2022 incident involving his former intimate partner and her family in Lytton, committed while he was on day parole from a life sentence for first degree murder. The Crown sought seven years' imprisonment and the defence five years. Justice Stephens imposed six years on all counts concurrently, citing strong Gladue factors and the guilty plea, entered on the first day of trial.

In the judge's words

However, considering the strong Gladue factors present here and the mitigating factor that Mr. Henry pleaded guilty, albeit on the first day of trial, and having regard to the relevant circumstances and considerations, including the case law, a sentence of six years' imprisonment is fit, just, and appropriate for Count 8, discharge of a firearm, and anything less than that would not be proportionate to the seriousness of the offence.

1

The record

Prior convictions
1 prior conviction, 1 violent1
At the time of the offence
On parole1
Defence asked for
5 years in custody1
Appeal
Not yet checked
Counsel
Crown: C. Cook
Defence: D. Gagnon

Sources

  1. R. v. Henry, 2026 BCSC 1107 Court decision, CanLII, May 14, 2026[46] The Crown submits a sentence of seven years' imprisonment is appropriate.[48] The defence, for Mr. Henry, seeks the imposition of a sentence of detention of five years, pursuant to s. 718.3(1) of the Criminal Code, to be served at Kwìkwèxwelhp Healing Village.[68] Reckless discharge of a firearm into a place, contrary to s. 244.2(3)(b), carries a maximum term of 14 years' imprisonment: s. 244.2(3)(b); and I note there is no mandatory minimum sentence for reckless discharge of a firearm (see R. v. Hills, 2023 SCC 2 at para. 1).[2] On January 5, 2026, David Brock Henry (the "Offender") pleaded guilty to Counts 1, 4, 5, 6, 7, and 8 of the indictment[6] The Offender was on day parole at the time of this offence and was supposed to be living with his father on weekends in Lytton, British Columbia.[37] As noted, Mr. Henry's prior conviction for first degree murder in 2001 is recorded in Exhibit 3.[103] However, considering the strong Gladue factors present here and the mitigating factor that Mr. Henry pleaded guilty, albeit on the first day of trial, and having regard to the relevant circumstances and considerations, including the case law, a sentence of six years' imprisonment is fit, just, and appropriate for Count 8, discharge of a firearm, and anything less than that would not be proportionate to the seriousness of the offence.[111] I am advised that, due to Mr. Henry's previous conviction and circumstances, there is no credit for pre-sentencing custody. … [113] For the reasons I have given, I sentence you to six years' imprisonment for conviction on the offences of Counts 1, 4, 5, 6, 7, and 8.
  2. R. v. Henry, 2026 BCSC 1107 Court decision, Courts of British Columbia

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