M. Moorcroft

The offender was found guilty of multiple firearms offences, including possession of a loaded, fully automatic machine pistol with an obliterated serial number, while subject to a weapons prohibition order.

The offender discharged his counsel prior to sentencing and proceeded self-represented with amicus assistance.

The court applied recent appellate jurisprudence to grant enhanced pre-sentence custody credit despite the offender's prior record.

A global sentence of 6 years and 2 months was imposed, reduced by 24 months of pre-trial credit, leaving 4 years and 2 months to serve.

The accused brought a Charter application seeking exclusion of evidence obtained pursuant to a search warrant.

The applicant argued the search violated s. 8 of the Canadian Charter of Rights and Freedoms and sought exclusion of the evidence under s. 24(2).

After considering the evidentiary record, including cross‑examination of the investigating detective and submissions from both parties, the court found no basis to exclude the evidence.

The application to exclude the fruits of the search warrant was dismissed.