Richard Federowicz

The offender pleaded guilty to assault, assault with a weapon, and being unlawfully in a dwelling house following an incident on June 25, 2015, where he broke into his former partner's apartment and attacked her and her boyfriend with his fists and a knife.

The Crown sought 90 days custody plus two years probation; the defence sought a suspended sentence with probation.

The court imposed 30 days intermittent custody followed by two years probation, emphasizing that despite the offender's remorse, successful completion of counselling, and lack of prior record, the principles of general deterrence and denunciation required a custodial sentence for domestic violence offences.

The offender was convicted 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 handgun with its serial number obliterated tucked into his pants.

Evidence established the firearm was associated with drug trafficking activity occurring at the premises.

The offender, a youthful first offender with no criminal record and strong family support, argued that the three‑year mandatory minimum in s. 95(2)(a)(i) was unconstitutional following R. v. Smickle.

The court accepted that the minimum had been declared of no force and effect but nevertheless concluded that a penitentiary sentence of three years was appropriate given the aggravating factors, including immediate accessibility of the loaded weapon, flight from police, the defaced serial number, and the connection to drug trafficking.

After credit for pre‑trial custody and restrictive bail conditions, the offender was ordered to serve two years and eight months.