Kim Beauchamp

This decision addresses sentencing for Jeremy Brown, a 25-year-old with no prior record at the time of offences, convicted of possession of a firearm with an altered serial number, carrying a concealed weapon, careless storage, and knowledge of unauthorized possession.

The case is complicated by Brown’s prior manslaughter conviction involving a firearm, for which he received an 11-year sentence.

The Court considered aggravating factors including the altered serial number, proximity to vulnerable persons, and the dangerous nature of the firearm possession, alongside mitigating factors such as Brown’s age, health condition (sickle cell disease), and social context as a Black man.

The Court imposed consecutive custodial sentences totaling 21 months, to be served consecutively to the manslaughter sentence, emphasizing denunciation and deterrence.

The accused, Jeremy Brown, brought a Charter application to exclude a firearm found during his detention, alleging breaches of sections 8, 9, 10(a), and 10(b) of the Canadian Charter of Rights and Freedoms.

The Crown conceded a 10(a) breach but argued no other breaches occurred and that the evidence should be admitted under section 24(2).

The court found no breach of section 8 or 10(b), and despite the conceded 10(a) breach, determined that the evidence should not be excluded under section 24(2) due to the seriousness of the charges, the reliability of the evidence, and the exigent circumstances faced by the police.

The Charter application was dismissed.

The accused was found guilty of multiple counts of sexual abuse, including incest and sexual interference, against his biological daughter when she was between 6 and 12 years old.

The court considered the profound impact on the victim and the accused's prior conviction for sexual interference against his stepdaughter.

Applying the principles of denunciation and deterrence, the court imposed a global sentence of 10 years in custody, less pre-sentence custody credit, along with various ancillary orders including a life-time SOIRA order and weapons prohibition.