R. v. Beck (I.), (2016) 381 Nfld. & P.E.I.R. 328 (NLPC)

• Judge: Gorman, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: April 20, 2016
• Jurisdiction: Newfoundland and Labrador
• Citations: (2016), 381 Nfld. & P.E.I.R. 328 (NLPC);2016 NLPC 1315

R. v. Beck (I.) (2016), 381 Nfld. & P.E.I.R. 328 (NLPC);

    1181 A.P.R. 328

MLB headnote and full text

Temp. Cite: [2016] Nfld. & P.E.I.R. TBEd. AP.033

Her Majesty the Queen v. Ivan Beck

(2016 NLPC 1315A00862)

Indexed As: R. v. Beck (I.)

Newfoundland and Labrador Provincial Court

Gorman, P.C.J.

April 26, 2016.

Summary:

Beck pled guilty to the offence of improper storage of firearms, contrary to s. 86(2) of the Criminal Code.

The Newfoundland and Labrador Provincial Court imposed an absolute discharge, forfeiture of the firearms, and a weapon/ammunition prohibition for a period of two years.

Criminal Law - Topic 4430

Procedure - Verdicts - Discharges and dismissals - Absolute or unconditional discharge in lieu of conviction - [See Criminal Law - Topic 5877.1 ].

Criminal Law - Topic 5877.1

Sentence - Improper or careless storage of firearm - The police searched Beck's residence and found five firearms (two rifles and three shotguns) which were not secured with trigger locks and which were stored in cases in which ammunition was also stored - Beck pled guilty to improper storage of firearms, contrary to s. 86(2) of the Criminal Code - 74 years of age - Retired - No prior convictions - The Newfoundland and Labrador Provincial Court imposed an absolute discharge, forfeiture of the firearms, and a weapon/ammunition prohibition for a period of two years - A discharge was in Beck's interest and the imposition of a discharge would not be contrary to the public interest - The court concluded that an absolute discharge should be granted rather than a conditional discharge - In the circumstances of this case there was no need for a probation order - There was no need for community supervision or for the imposition of probation conditions.

Counsel:

B. Duffy, for Her Majesty the Queen;

J. Goudie, for Mr. Beck.

This matter was heard on April 20, 2016, before Gorman, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following decision on April 26, 2016.