J. Budgell

The accused pleaded guilty to two counts of careless storage of ammunition and one count of possession of ammunition contrary to a prohibition order.

The accused had a significant criminal record, including prior convictions for firearms offences and breaches of prohibition orders.

The Crown and defence presented a joint submission for a total sentence of three years' imprisonment.

Despite expressing grave reservations about the joint submission given the accused's history, the court accepted it, applying the Anthony-Cook standard.

The court imposed the jointly recommended sentence of three years, less credit for pre-sentence custody, but added a three-year probation order.

Sentencing decision following guilty pleas to sexual assault and breach of probation.

The offender restrained the complainant with handcuffs, filmed part of the assault, and forced sexual intercourse while already bound by a probation order for a prior sexual assault conviction.

The court considered aggravating factors including the videotaping of the offence, the physical restraint of the complainant, the prior sexual assault conviction, and the breach of probation.

Emphasizing denunciation and deterrence, the court held that these circumstances warranted a sentence above the typical range.

A penitentiary sentence of 54 months for sexual assault and 6 months concurrent for breach of probation was imposed, along with ancillary orders including DNA, SOIRA registration, forfeiture of offence-related property, and a lifetime weapons prohibition.