The accused was convicted by a jury of possession of a loaded prohibited firearm contrary to s. 95(1) of the Criminal Code after police executing a search warrant discovered a loaded sawed‑off shotgun with a defaced serial number in a gym bag near where the accused was staying.
The Crown sought a penitentiary sentence of three and one‑half to four years, emphasizing the seriousness of possessing a loaded prohibited firearm and the accused’s youth record involving violence.
The defence argued for a reformatory sentence of 18 to 24 months, relying on the unconstitutionality of the mandatory minimum under s. 95 and the accused’s rehabilitative prospects.
The court rejected the Crown’s request to treat alleged drug dealing as an aggravating factor because it was not proven beyond a reasonable doubt.
Considering denunciation and deterrence while recognizing rehabilitation prospects and the circumstances of possession, the court imposed a two‑year custodial sentence followed by two years’ probation, along with a lifetime weapons prohibition and a DNA order.
