R. v. Haughton

Summary

Offender appealed a sentence. The Crown conceded that the s. 109(3) lifetime firearms prohibition could not stand: no reasons were given, and the breached prohibition was a s. 110 order. The Court of Appeal set it aside and substituted lifetime prohibitions under s. 109(2)(a) and (b). It cited egregious offences and risk, and found no notice unfairness.

Outcome

Sentence appeal allowed. The s. 109(3) lifetime prohibition was set aside. A lifetime prohibition was substituted under s. 109(2)(a) and (b). Appellant: offender. Challenged decision: OCJ sentence of May 31, 2024.

Why this case matters

A sentencing judge's lifetime firearms prohibition under s. 109(3) was set aside because no reasons were given and the breached prohibition was made under s. 110, and a lifetime term was substituted under s. 109(2).

Paragraph references

Paras. 1-2: s. 109(3) order set aside; no reasons; s. 110 prohibition breached; Crown concession. Para. 3: lifetime term appropriate given the offences. Para. 4: s. 727(1) notice inapplicable; counsel agreed to a lifetime ban. Para. 5: substituted s. 109(2)(a) and (b) orders.