'It's hardly the weapon we need on the streets'
A 20-year-old Whitehorse man was sentenced to a year in jail Thursday morning after he pleaded guilty to the unauthorized possession of the illegal assault rifle AK-47.
A 20-year-old Whitehorse man was sentenced to a year in jail Thursday morning after he pleaded guilty to the unauthorized possession of the illegal assault rifle AK-47.
Donald Russell's parents discovered the weapon in his bedroom on Dec. 8, 2007, said Crown prosecutor Eric Marcoux.
Russell's father telephoned the RCMP two days later to report that his son had an AK-47, a bulletproof vest, and five cartridges of ammunition in his room.
Russell had moved out of his parents' home in Whitehorse two months earlier and was angry that they had notified the police, said Marcoux.
Russell said the gun, which was confiscated, was worth $2,000.
The AK-47 is a barrelled weapon "capable of causing serious injury," said Marcoux. "This type of weapon is described as being used in war zones around the world."
Moreover, Russell did not have a licence nor any authorization to be in possession of a firearm, court heard.
Marcoux asked for a one-year jail term in his submission, which is the minimum for illegal possession of a firearm.
But since Russell has already been in custody since Dec. 27, he only has an additional 25 days to serve. He received the usual one-and-a-half credit for time served, which added up to 340 days.
Marcoux noted that Russell is a young man and has no prior criminal record.
Defence counsel Gord Coffin said in his submission his client has a Grade 10 education, but is hoping to upgrade.
Coffin also submitted that a one-year jail sentence would be appropriate in the case, although he argued that Russell should not have to serve the remaining 25 days.
Coffin said his client's relationship with his family is currently "not at its best," and wasn't for some time prior to the discovery of the AK-47.
Coffin said if Russell had known possession of the weapon would be "such a big deal," he would not have kept it.
"He thought it was kind of a cool thing to have. It looked like an antique," said Coffin.
Russell had no intention of using the AK-47 and wasn't even sure if it was functional, Coffin added.
Judge John Faulkner agreed that a one-year sentence would be appropriate, although he did not accede to Coffin's request to give Russell a full year's credit for time served.
"An AK-47 is a well-known weapon of choice in lawless and war-torn parts of the world," said Faulkner. "It's hardly the type of weapon we need on the streets of Whitehorse."
Faulkner also imposed a 10-year firearms prohibition and a $100 victim fine surcharge.
The AK-47 and ammunition will be forfeited to the Crown. Outside of the courtroom, Marcoux said the weapon will either be destroyed or kept in storage.
It is not entirely clear how Russell came to be in possession of the AK-47.
Marcoux's only explanation was that Russell had been seen in the company of known members of the local drug trade prior to the weapon's discovery and seizure last year.
The Russian-manufactured assault rifle has been prohibited in Canada since 1995, under the Prohibited Weapons Order.
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