R. v. Borden

Summary

Self-represented offender appealed a 5-year sentence (less pre-sentence custody) for possessing a loaded altered firearm in public while under a firearm prohibition. The Court of Appeal found the sentencing judge treated harsh pre-sentence conditions as mitigating and reduced the possession sentence by one year. It found no error and no unfitness, granted leave and dismissed the appeal.

Outcome

Leave to appeal sentence granted; appeal dismissed. Sentence of 5 years less pre-sentence custody upheld.

Why this case matters

The Court of Appeal held that a sentencing judge who treated harsh pre-sentence conditions as mitigating and reduced the sentence accordingly made no error, and it upheld the sentence as fit.

Paragraph references

Para 1: sentence, offence and grounds. Para 2: judge considered harsh conditions and Morris factors, reduced sentence by one year, no error, sentence not unfit. Para 3: leave granted, appeal dismissed.