Her Majesty the Queen v. Tristan Hudson-Rider, 2020 ONSC 7072

SUPERIOR COURT OF JUSTICE

HER MAJESTY THE QUEEN

v.

TRISTAN HUDSON-RIDER

REASONS FOR SENTENCE

BEFORE THE HONOURABLE REGIONAL SENIOR JUSTICE M.K. FUERST

on September 30, 2020,

at NEWMARKET, Ontario

APPEARANCES:

S. Kumaresan Counsel for the Crown

M. Wyszomierska Counsel for Tristan Hudson-Rider

WEDNESDAY, SEPTEMBER 30, 2020

REASONS FOR SENTENCE

Fuerst J.: (Orally)

Tristan Hudson-Rider pleaded guilty to possession of a loaded prohibited firearm for which he was not the holder of an authorization or licence to possess it in that place and was not the holder of a registration certificate, flight from police, and possession of a prohibited firearm while prohibited.

On December 24th, 2018, the police saw Mr. Hudson-Rider come out of a hotel carrying some bags and get into a parked vehicle. They tried to approach the vehicle because a male associated with it was on house arrest. When they tried to stop the vehicle, it began to evade them. They pursued the vehicle, but it travelled at a high rate of speed. They discontinued their pursuit for safety reasons.

Shortly after, the police were notified that a witness saw the vehicle parked outside a residence. The witness reported seeing a man remove bags from the vehicle and take them into the backyard of the unit.

The police went to the address. They saw Mr. Hudson-Rider flee from the vehicle on foot.

After a short foot pursuit, the police took him into custody.

One of the officers went into the backyard of the residence. He found a 9 millimetre Smith & Wesson handgun in between the steps leading to the back door of the home.

The handgun was a prohibited firearm. Its serial number was removed. It was loaded with seven cartridges.

At the time of the incident, Mr. Hudson-Rider was subject to a s. 109 lifetime weapons prohibition order as a result of a firearms conviction in 2015 for which he received a three year penitentiary sentence.

Mr. Hudson-Rider is 24 years old. He completed high school and attended community college. His partner is due to give birth to his first child in November.

Crown and defence counsel jointly submit that Mr. Hudson-Rider be sentenced to four years in the penitentiary, less pre-sentence custody. I agree that sentence is appropriate, notwithstanding that Mr. Hudson-Rider is a youthful offender who pleaded guilty. The offences are very serious, particularly because he has a previous firearms conviction.

The objectives of denunciation and deterrence, both general and specific, require a sentence of this length.

Mr. Hudson-Rider has 235 days of real custody as of today. At one-and-a-half to one, that equates to 353 days.

I grant him some additional credit for lockdown days due to staff shortages and some particular hardship due to an injured hand and dietary issues.

In total, I grant him pre-sentence custody of 25-and-a-half months, leaving a sentence to be served on Count 3 of 22 months and 15 days.

The sentence of 22 months and 15 days in jail is concurrent on the offence under s. 117.01(1).

On Count 5, the sentence is 6 months in jail, concurrent.

There is a DNA order on the two firearms offences as well as a s. 109 order for life. The firearm is ordered forfeited.

FORM 2

CERTIFICATE OF TRANSCRIPT (SUBSECTION 5(2))

Evidence Act

I, Tracey Beatty, *certify that this document is a true and accurate transcript of the recording of R. v. Tristan Hudson-Rider in the Superior Court of Justice held at 50 Eagle Street West, Newmarket, Ontario, on September 30, 2020 taken from Recording No. 4911_403_20200930_083451_10_FUERSTM.dcr which has been certified by D. Letts in Form 1.