SENTENCING - Weapons offences - Careless use or storage of firearms - Flight from police

Law360 Canada ( November 25, 2024, 2:36 PM EST) -- Appeal by Russell from ten-year global sentence following his convictions for firearms-related offences including reckless discharge of firearm, mischief endangering life, and flight from police officer. Russell sought a reduction of the sentence. The offences occurred when Russell fired multiple rounds with his rifle at the Vanderhoof Royal Canadian Mounted Police (RCMP) detachment's windows and at unoccupied police vehicles parked at the detachment. Russell was acquitted of attempted murder but convicted of a number of firearms and related Criminal Code offences including recklessly discharging a firearm, possession of a weapon for a purpose dangerous to the public peace, transporting a firearm in a careless manner, committing mischief causing danger to life by wilfully discharging a firearm, committing mischief by wilfully discharging a firearm into the detachment and into RCMP vehicles, and flight from a police officer. There was evidence that Russell had experienced psychotic episodes in the time leading up to the shooting. The parties disagreed about the connection between Russell’s mental illness and the offences. Russell contended the judge erred by misapprehending the evidence of his mental illness. He submitted the judge placed too much weight on denunciation and deterrence and insufficient weight on mitigating factors, such as his mental illness....
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