A young person was found guilty after trial of three firearm-related offences: possession of a prohibited firearm, occupying a motor vehicle containing a prohibited firearm, and possession of a loaded prohibited firearm.
The offences arose from a single occurrence on September 23, 2016, involving a loaded Mossberg 12-gauge sawed-off shotgun found in a vehicle.
The Crown sought 6 to 9 months in custody followed by probation.
The court found that the Crown failed to establish that the offences met the "exceptional case" threshold under section 39(1)(d) of the Youth Criminal Justice Act, which is required to impose custody on a non-violent offence.
The court imposed a non-custodial sentence consisting of community service and probation, emphasizing the statutory prohibition against general deterrence in youth sentencing and the requirement to impose the least restrictive sentence capable of achieving rehabilitation.
