The appellant, Jerome Derby, appealed his global sentence for firearm-related offences, including discharge of a firearm with intent to endanger life and possession of a firearm while prohibited.
He argued that the trial judge erred by imposing a consecutive sentence for possession while prohibited, having already considered this as an aggravating factor, which constituted double counting.
The Court of Appeal agreed, finding that the approach was erroneous and constituted double counting, and therefore allowed the appeal in part.
