R. v. Montague, 2010 ONCA 141

CITATION: R. v. Montague, 2010 ONCA 141

DATE: 20100225

DOCKET: C48542

COURT OF APPEAL FOR ONTARIO

Moldaver, MacPherson and Cronk JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

William Bruce Montague and Donna Jeanne Montague

Appellants

Douglas H. Christie, for the appellants

John Pearson and Frank Au, for the respondent

Heard: February 18, 2010

On appeal from the convictions entered by Justice J. Wright of the Superior Court of Justice, sitting with a jury, on December 6, 2007 and the sentences imposed by Justice Wright on March 18, 2008.

By the Court:

[1] Following approximately a four-week trial before J. Wright J. of the Superior Court of Justice, sitting with a jury, the appellant William Bruce Montague was convicted of 26 firearms-related offences. His wife, the appellant Donna Jeanne Montague, was convicted of one count of unlicensed possession of a firearm. Mr. Montague was sentenced to a global sentence of 18 months’ incarceration, followed by 90 days imprisonment to be served in the community, plus probation for one year. A lifetime weapons prohibition order was also made. Mrs. Montague received a suspended sentence and was placed on probation for six months. The Montagues appeal against conviction and Mr. Montague appeals as well against sentence.

I. Background

[2] Mr. Montague is a firearms dealer and manufacturer. He allowed his firearms licence to expire in November 2002 without renewal. His Firearms Acquisition Certificate expired in November 2003. Mrs. Montague’s firearms licence expired without renewal in March 2004.

[3] In September 2004, acting on the authority of two search warrants, the police seized more than 200 firearms and related devices, together with in excess of 20,0