Where a sentencing judge correctly elevates the seriousness of a firearm possession charge because the weapon was possessed during other criminal activity, the judge must not also elevate the seriousness of the other criminal activity charge by reason of the offender being armed, as this constitutes double punishment. The criminality associated with the firearm and its relationship to the other offending is fully accounted for in the sentence on the firearm charge. The spectrum of seriousness for prohibited person firearm possession ranges from possession unrelated to other criminal activity at the lower end, to use of the weapon in commission of another offence at the upper end, with possession in the course of other criminal activity (without use or threatened use) falling towards the higher end.
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