He fled for good reason. He was in possession of a loaded, semi-automatic, .45 calibre firearm, a restricted weapon pursuant to section 95(1) of the Criminal Code. A chase ensued, he was arrested and the firearm was recovered.
It was not the first time he was arrested for possession of this type of weapon. Less than two years earlier, when he was a youth, he was convicted and sentenced for the same offence.
After considering his options, Mr. Able decided to plead guilty to the more recent charge in addition to a number of other offences.
Section 95(2) holds that for a second offence under section 95(1) the sentencing court is bound to sentence the offender to a mandatory minimum five years in custody if the second offence is within 10 years of the first offence.
The court sentenced Mr. Able to 9 ½ years in custody. Mr. Able appealed: 2013 ONCA 385.