Where possession of a firearm is both an overt act of a conspiracy and was used in separate criminal activity, the offender may be separately punished for the firearms offence to the extent it is not subsumed within the conspiracy, but the sentencing judge must take care to avoid double punishment. A change in statutory maximum penalty following repeal and replacement of a firearms offence provision reflects a legislative change in attitude that must be taken into account in sentencing. For armed robbery involving home invasion with weapons, threats of extreme violence, lasting victim impact, and an offender with prior armed robbery convictions committed while on parole, a sentence of 7 years was manifestly inadequate and was increased to 9 years.
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