Law360 Canada ( April 24, 2018, 8:37 AM EDT) -- Appeal by McIvor from the five-year jail sentence imposed on him following his conviction for robbery with a prohibited firearm. McIvor pleaded guilty to this offence and three other weapons offences arising from an incident in which McIvor and another male stole a bicycle from a youth and continued to harass him before Brooks intervened. During the ensuing confrontation, the youth ran away and McIvor pointed a sawed-off rifle at Brooks and demanded Brooks’ property. When Brooks produced a bottle with which to defend himself, McIvor and his companion backed down and left the area. The offence of robbery with a prohibited weapon pursuant to s. 344(1)(a)(i) of the Criminal Code bore a minimum sentence of five years’ imprisonment. McIvor argued at sentencing that a two-year sentence for his offence would be appropriate, and that the mandatory minimum was grossly disproportionate given that only a difference of four inches in length made his rifle a prohibited, rather than a non-prohibited, firearm. The Crown sought a sentence of between four and six years’ imprisonment. The judge found that a sentence of between three-and-one-half and four years’ imprisonment would be appropriate; as such, a five-year sentence was not grossly disproportionate. She went on to find that the mandatory minimum would not capture conduct that would result in the application of a grossly disproportionate sentence for other offenders....