Allan Lobel

The offender was convicted of importing firearms, conspiracy to traffic in firearms, and attempt to possess a firearm after a commercial enterprise involving the importation of three handguns with overcapacity magazines.

The court considered the paramount objectives of denunciation and deterrence, alongside mitigating factors including the offender's lack of prior record and the significant collateral consequence of deportation.

A global sentence of four years' imprisonment was imposed, less credit for pre-sentence custody.

The applicant was convicted of importing restricted firearms and prohibited magazines into Canada.

He brought an application challenging the constitutionality of the three-year mandatory minimum sentence under s. 103(2)(a) of the Criminal Code, arguing it violates s. 12 of the Charter.

The court applied the gross disproportionality test, considering reasonably foreseeable hypothetical scenarios, including a licensed gun owner importing parts and a 'smuggler for sport'.

The court found that the mandatory minimum sentence was not grossly disproportionate in these scenarios, given the gravity of the offence and the paramount sentencing objectives of denunciation and deterrence.

The application was dismissed.