KUDOS TO JUDGE- COMMON SENSE PREVAILS OVER BAD LAW

Every now and then we see Judges who have not lost touch with either reality or with the public whom they serve. The Judicial System may have lost touch but not all the individuals within it, thank goodness. Today's K-W Record, pg. A3, has this story "Mandatory sentence rejected". Ontario Superior Court Judge Anne Molloy looked carefully at the circumstances surrounding the conviction of a young man with no prior criminal record. He was convicted of possession of a loaded firearm. Now right off the bat this charge absolutely is not black and white. There are literally dozens of circumstances where possession of a loaded firearm is perfectly legal. A Brinks's guard, a police officer, a hunter and a target shooter on a proper range are all examples. This fellow was convicted yet the Judge struck down the mandatory minimum three year jail sentence and stated "In my opinion, a reasonable person knowing the circumstances of this case...would consider a three year sentence to be fundamentally unfair, outrageous, abhorrent and intolerable". The circumstances are almost comical. The Judge certainly is not portraying this gentleman as a victim of bad luck. She refers to his colossal bad judgement. He was alone in his cousin's locked apartment unit at 2 am. He found a loaded firearm . Keep in mind he was alone and the door was locked. He decided to take pictures of himself wearing sunglasses, t-shirt and boxer shorts to load onto his facebook page. Oh yes, while holding the handgun. He thought it would make him look cool. Unknown to him the Toronto Police Service chose that time to raid his cousin's apartment (2 am.) looking for illegal firearms. There he is saying cheese to the camera as the Police are breaking down the locked door. This rather silly individual had no wish to commit a crime. He was not victimizing anyone. Through sheer bad timing he is caught in possession of a handgun. Three years in jail would be ridiculous. Yet currently that is what the law says. Well done Judge Molloy for standing up and saying no.