TIME SERVED FOR LOADED HANDGUN

R. Nguyen (2019) OJ 5789 (SCJ)  

Police found a loaded handgun in the client’s apartment. At the time, he was subject to a firearms prohibition. The Crown sought a 5-year sentence but the Judge accepted  Ms. Page’s submission that the 29 months he had served in custody was enough.

Given the number of days spent in lockdown at the Toronto South Detention Centre, the Judge agreed that the 29 months the client had spent in pre-trial custody be considered the equivalent of 46 months. The Judge agreed that a sentence of “time served” was appropriate with no probation.

Alana PageJUDGMENT