Defence appeal from one-year jail sentence imposed for s 86(1) CC offence. Gun was discharged, causing serious injuries, during sex between appellant & complainant as he was running it along her side, back and buttocks. Neither party knew it was loaded. Both were using intoxicants. Appellant argued sentencing judge erred in overemphasizing dated criminal record and alcohol use, possession of restricted firearms license, and need for denunciation and deterrence; erred in considering a delayed 911 call as aggravating; and failed to consider voluntary sale of his firearms, and his personal circumstances.

Held: Appeal allowed; 12-month CSO (house arrest) substituted.

The Appellant did not pose a specific risk to the community. The circumstances were unique. Appellant was a contributing member of society with a dated record. He pled guilty at earliest opportunity, showed sincere remorse, disavowed alcohol and drugs, and sold his firearms. No benefit in a jail sentence to deter him from committing similar offences.

D. Boisvert – Defence Counsel