Man sent to prison on gun charges

A Dartmouth man who was found asleep on a couch at his sister’s apartment with a loaded pistol under a pillow when police responded to a noise complaint has been sentenced to three years in prison.

Blake Joseph Sampson, 29, pleaded guilty in Dartmouth provincial court to two charges — possession of a loaded, restricted gun and breaching a December 2010 firearms prohibition.

Sampson was sentenced in March by Judge Jean Whalen, who rejected the defence’s request for a conditional sentence of between 18 and 24 months.

“I’m afraid I’m not satisfied that service of the sentence in the community would not endanger the safety of the community or be consistent with the fundamental purpose and principles of sentencing,” Whalen said in her decision, which was released in writing Tuesday.

“Mr. Sampson’s actions of carrying a loaded handgun could have led to a senseless act of violence and grave consequences. A message must be sent to likeminded people that this will not be tolerated, and people who engage in this conduct that poses a danger to others will attract custodial sentences.”

The court was told the superintendent of an apartment building in Dartmouth called Halifax Regional Police on June 14, 2019, to complain of loud music coming from a party in one of the units, which was the residence of Sampson’s sister.

When officers arrived, they heard the music and saw the door to the apartment was ajar. They called out to the occupants and stood in the hallway for five minutes without getting a response.

Police then entered the apartment and saw Sampson sleeping on the couch, with part of a handgun sticking out from beneath a pillow.

An officer seized the gun and removed the ammunition. There were 10 to 12 bullets in the gun but none in the chamber.

There were other people in the apartment, so police called for backup.

Sampson told police he needed the gun for protection and admitted he knew he could not possess the weapon.

Sampson came before the court with 20 previous convictions between 2010 and 2016. Those convictions included 10 for breaching court orders; nine for propertyrelated offences, including break and enter and robbery; and one under the Controlled Drugs and Substances Act.

According to a presentence report, Sampson is in a stable relationship, has two children and has most recently worked in Alberta. His spouse said she was surprised to learn of the charges because he has not been in trouble for the past five years. She said she had no idea he feared for his safety.

Crown attorney Jane Mills requested a three-year prison sentence, saying denunciation, deterrence and protection of the public had to be considered by the court.

Defence lawyer Michelle James, in arguing for a conditional sentence, noted the gap in Sampson’s criminal record and the fact he was on strict bail for 256 days without incident. She said he should not be sacrificed on the altar of general deterrence.

The judge acknowledged there was no evidence the gun was connected to any other criminal activity but ruled that prison time was necessary.

“The presence of illegal guns in the community is a serious problem that exposes ordinary people to the risk of harm,” Whalen said. “That is the case whether guns are loaded or not.

“Mr. Sampson took a loaded .22-calibre handgun to a party. He carried it for his protection. He made a conscious choice to carry it out in public to his sister’s apartment where other people were present.

“Carrying a loaded gun ‘for his protection’ suggests the only purpose of carrying this handgun was to intimidate, harm or possibly even kill another person, should a situation arise where he felt he needed protection. ‘For his protection’ may lead to a random or intentional act of violence, including the death of innocent bystanders in the area of any confrontation between Mr. Sampson and a third party.”

In addition to the prison time, the judge imposed a lifetime firearms prohibition and ordered Sampson to provide a DNA sample for a national databank.