Jun 2, 2020

MLB Headnote and Key Numbers

R. v. Mills, 2016 ONCA 391 (CanLII)

R. v. Mills (B.C.) (2016), 350 O.A.C. 71 (CA)

MLB headnote and full text

Temp. Cite: [2016] O.A.C. TBEd. MY.023

Her Majesty the Queen (respondent) v. Bruce Christopher Mills (appellant)

(C60082; 2016 ONCA 391)

Indexed As: R. v. Mills (B.C.)

Ontario Court of Appeal

Feldman, Simmons and Pepall, JJ.A.

May 24, 2016.

Summary:

The accused pleaded guilty to possession of stolen property, attempted break and enter, and break and enter. The charges involved three home break-in or attempted home break-in incidents. The accused was sentenced to a total of 42 months' imprisonment and a lifetime weapons prohibition under s. 109(3) of the Criminal Code. The accused appealed the sentence, asserting that, although his trial counsel consented to the s. 109 order, the order could not be imposed because there was no "violence against a person ... threatened or attempted", as required by s. 109(1)(a). The accused asserted that his modus operandi was to avoid contact with homeowners by operating during mid-day and by knocking first to see if anyone was home. On the facts of the three incidents at issue here, he did not encounter anyone and therefore he neither threatened anyone nor attempted to use violence on anyone.

The Ontario Court of Appeal granted leave to appeal the sentence, but dismissed the appeal. Having regard to the accused's admitted knowledge of the impact of his actions when there were victims in the home, corroborated by the victims in their victim impact statement, it was open to the sentencing judge to find an implied threat of violence and impose a s. 109(3) weapons prohibition. The court varied the sentence at the request of the Crown to reduce the lifetime weapons prohibition to a 10-year prohibition.

Criminal Law - Topic 5799

Punishments (sentence) - Prohibition orders - Respecting firearms, etc. - See paragraphs 12 to 20.

Counsel:

Bruce Christopher Mills, acting in person;

Brian Snell, duty counsel;

Howard Leibovich, for the respondent.

This appeal was heard on April 6, 2016, by Feldman, Simmons and Pepall, JJ.A., of the Ontario Court of Appeal. The court released the following endorsement on May 24, 2016.