The offender pleaded guilty to possession of a loaded prohibited firearm and possession of a firearm with an altered serial number.
The firearm was discovered in an apartment where children were present during a domestic disturbance while the offender was intoxicated.
The court determined that the appropriate sentence absent the mandatory minimum was less than two years and followed the reasoning in Smickle that the three‑year mandatory minimum under s. 95(2)(a)(i) of the Criminal Code was unconstitutional.
A conditional sentence was unavailable because the offence constituted a serious personal injury offence under the statutory definition.
Balancing denunciation, deterrence, and strong evidence of rehabilitation and parental responsibilities, the court imposed a short custodial sentence to be served intermittently followed by probation.
