Ontario Criminal


Appeal

Sentence appeal

Despite successful appeal for some offences, overall sentence was not affected and remained fit

Police officers executed search warrant on suspected drug operation. Police found accused JM and co-accused in basement bedroom. JM was subject to two prohibition orders since he was convicted of firearms offences. In that bedroom police found loaded handgun near JM. Handgun contained 14 bullets in magazine and one in chamber. Police found marijuana, five working cell phones, three digital scales, accounting list, ammunition and $3,000 in bundled cash. JM was convicted of possession of loaded prohibited firearm, possession of firearm knowing its possession was unauthorized, possession of prohibited device, being high capacity magazine, possession of crime proceeds, possession of marijuana for purpose of trafficking, and breaching two firearm prohibition orders. JM was sentenced to nine and one-half years’ imprisonment, less credit for pre-sentence custody. JM received eight and one-half years for possession of loaded firearm and one additional year for breaches of two prohibition orders. Sentences for other charges were to run concurrently and they did not impact on total sentence. Convictions for possession of crime proceeds and marijuana quashed and acquittals were entered. Accused appealed sentence. Appeal dismissed. Despite successful appeal for crime proceeds and marijuana offences overall sentence was not affected and it remained fit.

R. v. Mullings (Mar. 1, 2016, Ont. C.A., Robert J. Sharpe J.A., M.L. Benotto J.A., and Grant Huscroft J.A., CA C58150) 128 W.C.B. (2d) 538.

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