A GTA man who was discovered responsible of recklessly discharging a firearm after an armed dwelling invasion has had his conditional sentence upheld by the Court docket of Enchantment.
In August of final 12 months, Jason Munroe was sentenced to 729 days (two years much less a day), adopted by three years’ probation.
The Crown appealed the sentence, arguing that the trial decide erred by failing to offer correct impact to the rules of denunciation and deterrence and that the sentence was demonstrably unfit.
It was roughly 3:50 a.m. on June 17, 2022, when armed intruders entered Munroe’s dwelling on Underwood Drive in Whitby. Munroe and his household have been compelled into the basement. There was an altercation throughout which Munroe’s son was shot within the leg.
Munroe wrestled a handgun from one of many intruders and shot one in all them. The intruders fled the home and Munroe chased them. He stood on his porch and shot at them roughly 3 times as they have been fleeing of their automotive. Munroe didn’t hit anybody.
When police first interviewed Munroe, he lied and stated that he didn’t have or use a gun. He subsequently advised police that he used the gun he wrestled from the intruders to shoot at them, saying that he tried to kill them and that, given the possibility, he would have killed them.
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“The trial decide discovered Mr. Munroe not responsible of any expenses associated to what occurred in the home whereas the intruders have been nonetheless there. The trial decide was glad that Mr. Munroe was performing in self-defence. Nevertheless, the trial decide discovered that Mr. Munroe was now not performing in self-defence when he shot on the intruders from the porch,” the three-judge panel stated in its determination.
The trial decide additionally discovered that the five-year obligatory minimal sentence for reckless discharge of a restricted or prohibited firearm was unconstitutional if utilized to the circumstances of this case. The Crown didn’t enchantment that discovering, solely the size of the sentence imposed on Munroe.
The Court docket of Enchantment dominated that the trial decide didn’t make an error in sentencing.
“In his causes, the trial decide acknowledged that denunciation and deterrence are usually the first targets when sentencing a person for discharging a weapon in a public place. Nevertheless, the trial decide additionally discovered that the circumstances of this case are distinctive,” the Court docket of Enchantment stated.
The Court docket of Enchantment discovered that when Munroe shot on the intruders from his porch, he was now not performing in self-defence, however he was nonetheless performing within the warmth of the second after seeing his household below menace and his son shot.
“As well as, Mr. Munroe used a handgun he had wrestled from the intruders to guard his household; this was not a handgun he acquired unlawfully and dropped at the scene,” wrote the enchantment judges.
The panel discovered different vital mitigating elements, similar to Munroe’s demonstrated regret and intensive rehabilitative efforts, and that he had overcome a turbulent previous to turn out to be a devoted father and a talented employee with a secure job and revenue.
The Court docket of Enchantment identified that Munroe isn’t going unpunished for his convictions.
“The 2 years much less a day conditional sentence carries onerous situations, together with home arrest (aside from going to work) and GPS monitoring,” wrote the panel.
Munroe was additionally discovered responsible of obstruction of a peace officer for mendacity in his preliminary assertion to police.
