R. v. Austin, [1996] 1 S.C.R. 72

Her Majesty The Queen Appellant

v.

Norman Rolland Austin Respondent

Indexed as: R. v. Austin

File No.: 24486.

1996: January 31.

Present: Lamer C.J. and La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for british columbia

Criminal law -- Sentencing -- Firearms -- Mandatory prohibition order -- Trial judge's imposition of ten-year firearms prohibition restored.

APPEAL from a judgment of the British Columbia Court of Appeal (1994), 1994 CanLII 2783 (BC CA), 94 C.C.C. (3d) 252, 36 C.R. (4th) 241, 50 B.C.A.C. 241, 82 W.A.C. 241, allowing the accused's appeal from the sentence imposed by Trueman Prov. Ct. J. Appeal allowed.

Wendy Rubin, for the appellant.

Christine Birnie, for the respondent.

The judgment of the Court was delivered orally by

[1] Lamer C.J. -- We are all of the view, for the reasons of Chief Justice McEachern, to allow this appeal, set aside the order of the Court of Appeal and restore the trial judge's order.

Judgment accordingly.

Solicitor for the appellant: Wendy Rubin, Vancouver.

Solicitor for the respondent: Christine Birnie, Telkwa, B.C.