Possession of a loaded prohibited or restricted firearm, Possession of a weapon contrary to a prohibition order, Dangerous operation of a conveyance, Flight from a peace officer, Occupant of a motor vehicle knowing there is a firearm, Breach of a release order
R. v. K.P.J.I.-B.
A publication ban applies. The offender is not named.
- On release at the time
Sentence and the Crown's position
What the law allows
The offender pleaded guilty to occupying a vehicle containing stolen firearms, failing to stop for police and dangerous driving in February 2023 and, while on bail for those charges, to possessing a loaded sawed-off .22-calibre rifle while prohibited and breaching a curfew in August 2024. The Crown and defence jointly proposed a global sentence of three and one-half years. Justice Gibb-Carsley accepted the joint submission, imposing 1,277 days less 779 days of credit for pre-sentence custody, finding that 30 months for the loaded prohibited firearm sat at the low end of the range given his youth, lack of record, guilty plea and Indigenous background.
In the judge's words
1In considering the cases provided by the Crown, I am satisfied that the joint submission, which proposes a sentence of 30 months for the prohibited firearm offence is both sufficiently significant to denounce the offence yet also reflects my view that in the particular circumstances of this offence and this offender the appropriate sentence should be at the low end of the range.
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))
- Dangerous operation of a conveyance (CC 320.13(1))
- Flight from a peace officer (CC 320.17)
- Occupant of a motor vehicle knowing there is a firearm (CC 94(1))
- Breach of a release order (CC 145(5))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- On bail1
- Defence asked for
- 1277 days in custody1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: R.D. Withall
Defence: A.H. Zipp, J. Ross
Sources
- R. v. K.P.J.I.-B., 2026 BCSC 193 Court decision, CanLII, January 16, 2026
[21] As referenced above, this is a joint submission. The sentence put forward by the parties is a global sentence of three and one‑half years that is comprised of the following sentences for the counts under the indictments:
[21] As referenced above, this is a joint submission. The sentence put forward by the parties is a global sentence of three and one‑half years that is comprised of the following sentences for the counts under the indictments:
[51] … While a mandatory minimum of 36 months was struck down as unconstitutional in R. v. Nur, 2015 SCC 15, the Court held that the striking of the minimum did not mean that s. 95 offences were to be treated less seriously.
[35] … has no criminal record. However, he was on judicial interim release for the February 2023 offences when he was arrested for the more serious August 16, 2024, offences.
[35] … has no criminal record.
[57] In considering the cases provided by the Crown, I am satisfied that the joint submission, which proposes a sentence of 30 months for the prohibited firearm offence is both sufficiently significant to denounce the offence yet also reflects my view that in the particular circumstances of this offence and this offender the appropriate sentence should be at the low end of the range.
[58] The joint submission is for a global sentence of three and one‑half years. By my calculation, this is 1,277 days. … Given the customary one and a half days' credit for the days that he has served in pretrial custody, he should be credited for 779 days. Accordingly, by my calculation, his remaining sentence is 498 days.
- R. v. K.P.J.I.-B., 2026 BCSC 193 Court decision, Courts of British Columbia