Cheryl Brunet

The offender pleaded guilty to possession of a loaded prohibited firearm and breach of a prohibition order.

The firearm was equipped with an overcapacity magazine and converted to fully automatic.

The offender had a significant related criminal record, including prior firearm convictions.

The court weighed these aggravating factors against mitigating factors, including a guilty plea, remorse, rehabilitative efforts, and systemic factors related to his background as a Black man raised in a marginalized community.

The court imposed a total sentence of 8 years, reduced by 3.3 years for Summers credit and 1.7 years for harsh pre-sentence custody conditions (Duncan/Marshall credit), leaving 3 years to serve.

During a jury trial for sexual assault and unlawful confinement, the accused brought a Corbett application seeking to exclude his criminal record from being used in cross-examination should he testify.

The court considered the Corbett factors including the nature, similarity, and remoteness of prior convictions and the impact on trial fairness.

The judge held that the adult convictions could be used in cross-examination because the case turned largely on credibility and excluding the record would create a misleading impression for the jury.

However, the accused’s youth conviction was excluded due to its remoteness and the prejudicial impact associated with youth offences.