In November of 2007, Mr. Able was found guilty of a number of offences, including possession of a restricted firearm with ammunition, contrary to s.95 (1) of the Criminal Code. He was sentenced as a youth under the YCJA.
Apparently, Mr. Able did not learn his lesson nor did he give up his interest in guns.
In February of 2009, police got a tip about a small group parked in a car with a gun. The police approached the car. Suddenly, a door flung open. Mr. Able jumped out and ran as fast and as far as he could.
The police followed. They saw Mr. Able toss an object into a nearby dumpster. Inside the dumpster, the police found the object Mr. Able tossed: a 45-calibre semi-automatic firearm with a capacity for 12 rounds. Eleven of the 12 rounds were chambered and ready to fire.
Shortly after the police found the gun, police dogs found Mr. Able. He was charged with possession of a restricted firearm with ammunition. Back at the station, Mr. Able confessed.
In October of 2009, Mr. Able pled guilty and he was sentenced in January of 2010. The sentencing judge imposed a sentence of 9 and one-half years. All parties agreed that Mr. Able’s finding of guilt under the YCJA in 2007 on a charge under s.95(1) made this conviction under s.95(1), “a second or subsequent offence”, for the purposes of determining the mandatory minimum under s.95(2).