The offender pleaded guilty to ten offences including possession of a prohibited firearm with readily accessible ammunition, careless storage of a firearm, possession of prohibited devices, assault, mischief, theft under $5,000, refuse breath demand, fail to attend court, and breach of recognizance.
The Crown sought a three-year penitentiary sentence for the firearms offence, which carried a mandatory minimum at the time of the offences.
However, the Court of Appeal decisions in R. v. Nur and R. v. Smickle, released one day before trial, declared the mandatory minimum unconstitutional.
The court imposed a conditional sentence of 12 months plus 11 months pretrial custody credit, followed by three years probation, finding the offender's firearm possession fell closer to the regulatory end of the spectrum despite aggravating factors related to his alcohol addiction and domestic violence.