Reckless discharge of a restricted or prohibited firearm, Possession of a loaded prohibited or restricted firearm

R. v. Gill

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposed5 years for discharging a prohibited firearm at a place, with 40 months concurrent for possessing a loaded firearm, less 15 days pre-trial credit1

What the law allows

Maximum14 years
Crown asked5 years in custody
Judge imposed5 years in custody
Defence asked5 years in custody
Minimum5 years
For reckless discharge of a restricted or prohibited firearm (CC 244.2(3)(a)), the Criminal Code currently allows up to 14 years, with a mandatory minimum of 5 years. The sentence imposed is 36% of the maximum. Read the section.

Roman Gill pleaded guilty to intentionally discharging a prohibited firearm at a place and possessing a loaded firearm after firing 11 shots into an occupied Surrey home that housed a licensed daycare. Crown and defence jointly sought a global sentence of five years, the mandatory minimum. Justice Girn accepted the joint submission and imposed five years with 40 months concurrent, less 15 days of pre-trial credit, telling him he was extremely lucky to receive what appeared to be a light sentence.

In the judge's words

Finally, Roman and Shaun, I want to reiterate to you that you are extremely lucky to be receiving what appears to be a light sentence. I have acceded to Crown and your counsel's submissions, and I have taken into consideration all the factors articulated in my reasons for sentence.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
5 years in custody1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: S. Bertrand
Defence: C.B. Muldoon

Sources

  1. R. v. Gill, 2026 BCSC 997 Court decision, CanLII, April 30, 2026[6] Crown counsel and defence have submitted a joint submission for a global five-year sentence less time served for both accused.[6] Crown counsel and defence have submitted a joint submission for a global five-year sentence less time served for both accused.[58] As I have noted there is a mandatory minimum sentence of five years for the offence of intentional discharge of a prohibited weapon as set out in s. 244.2(3)(a)(i).[2] On, February 12, 2026, the accused, Roman and Shaun Gill, entered guilty pleas to the following:[40] Roman has no criminal record.[89] Finally, Roman and Shaun, I want to reiterate to you that you are extremely lucky to be receiving what appears to be a light sentence. I have acceded to Crown and your counsel's submissions, and I have taken into consideration all the factors articulated in my reasons for sentence.[88] Roman Gill, I sentence you to: … five years on Count 1 … 40 months on Count 2 to be served concurrently to Count 1. … You will receive credit for 10 days of pre-trial custody which equals to 15 days at 1.5 credit.
  2. R. v. Gill, 2026 BCSC 997 Court decision, Courts of British Columbia

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