Background
Jeffrey Melo pleaded guilty to possessing a loaded restricted firearm without a licence, careless handling of a firearm, and possessing a firearm while prohibited. He was subject to a lifetime firearms prohibition and was on bail for an intimate partner violence offence when the incident occurred.
After drinking, Melo handled a loaded handgun, dropped it, and caused it to discharge. The bullet entered an occupied bedroom in a neighbouring home. The sentencing judge identified a 36-to-48-month range, selected 36 months, and reduced the global sentence to 30 months based on totality and restraint.
The Court’s Holding
The Court of Appeal granted leave to appeal sentence but dismissed the appeal. It found no error in principle and held that the 30-month sentence was not demonstrably unfit.
The sentencing judge had considered Melo’s rehabilitation prospects, strict bail conditions, family circumstances, and the effect imprisonment would have on his children. But the judge was entitled to give paramount weight to denunciation and deterrence given Melo’s prior firearm convictions, his lifetime prohibition, and the dangerous conduct involving a loaded illegal handgun while on bail.
The court also dismissed Melo’s motion to admit fresh evidence from him and his girlfriend about his rehabilitation. The evidence did not meet the test for fresh evidence set out in Palmer v. The Queen and, in any event, would not have changed the result because rehabilitation had already been considered at sentencing.
Key Takeaways
- A sentence at the low end of the applicable range will not be disturbed absent an error in principle or demonstrable unfitness.
- Family hardship and rehabilitation may mitigate sentence, but denunciation and deterrence can remain paramount in serious firearm cases.
- Fresh evidence on sentence must satisfy the Palmer test and be capable of affecting the outcome.
Why It Matters
The decision underscores Ontario appellate courts’ deference to sentencing judges who meaningfully address mitigating circumstances while imposing serious custodial sentences for prohibited, loaded-firearm offences. Dangerous firearm conduct while on bail and under a firearms ban strongly supports denunciatory and deterrent sentencing.