D. Heath

Sentencing for a first offender convicted after trial of intentionally discharging a firearm into or at a place, carrying a concealed weapon, carrying a weapon for a purpose dangerous to the public peace, and unauthorized possession of a loaded firearm.

The offender brought a loaded handgun to a public restaurant in connection with a drug transaction and fired toward persons standing in the doorway, with the bullet passing through glass entry doors into the occupied establishment.

The court treated the gravity of the firearm discharge, the intent to cause injury, and the offender's high degree of recklessness as major aggravating factors, while also recognizing youthfulness, absence of a criminal record, rehabilitation efforts, remorse, anti-Black racism, prior victimization by gun violence, and harsh pre-sentence custody as mitigating factors.

Applying the serious gun-offence range and the principle of imposing the least restrictive proportionate penitentiary term for a youthful first offender, the court imposed a seven-year global sentence less Summers credit, together with ancillary orders.

The accused discharged a handgun toward two men outside a restaurant, with the projectile passing through the entry doors into an occupied establishment.

At trial, the principal issue was whether the Crown had disproved self-defence on the intentional discharge count.

Applying a modified W.D. analysis and the s. 34 self-defence framework, the court rejected the accused's evidence as not credible or reliable and found no reasonable apprehension of harm, no imminent threat, and a manifestly disproportionate response.

The Crown proved all four firearm-related charges beyond a reasonable doubt.