The accused, Cody Joseph O’Dwyer, pleaded guilty to possession of a stolen motor vehicle, unauthorized possession of an unloaded revolver, being an occupant of a vehicle with a revolver, and possession of a weapon dangerous to the public peace.
The court considered the appropriate sentence, rejecting the Crown's inferences that the firearm was used to menace the victim or that Thunder Bay had an "epidemic" of gun violence, citing insufficient statistical evidence and the principle of sentencing based on actual conduct rather than potential harm.
The court also discussed the limited efficacy of general deterrence for offenders involved in drug and gun activities.
Ultimately, the court imposed a conditional sentence of 240 days (approximately 8 months) followed by 18 months of probation, with specific conditions, finding that a conditional sentence could adequately address the objective of denunciation given the circumstances.
