A man who stole more than a dozen firearms from a West Vancouver home – most of which were never recovered – will face house arrest following his sentencing in North Vancouver provincial court on Thursday.
Scott Allan Johnston, 44, previously pleaded guilty to breaking and entering with intent to steal firearms. According to an agreed statement of facts read out in court, Johnston and a co-accused broke into a multi-family building’s parkade on July 2, 2022. They were captured on security cameras rolling two gun safes out of the home on a dolly, which were later found opened and mostly empty in an abandoned cube van. West Vancouver police shared surveillance images captured from the heist with investigators from other departments who were able to recognize the two accused.
In total, there were four pistols and 11 rifles stolen, plus other firearms accessories, which the owner told police had a combined valued of more than $75,000.
Johnston was arrested two days later. Police found one of the missing guns in his home, another one in his car and a third one with his co-accused. The other guns remain unaccounted for.
The Crown sought a prison sentence of two to four years for Johnston “to acknowledge the harm done to victims and the community … possibly allowing [the guns] to be used by others for certain nefarious purposes,” prosecutor Ariana Ward said. “I would submit that the gravity of the offence is very high, and then in terms of degree of responsibility, also very high.”
Johnston’s defence, however, argued a period of 18 months to two years to be served in the community would be more appropriate.
The court heard that Johnston went from a difficult childhood to an adulthood of drug addiction and crime, with 40 property crime convictions dating back to 2000.
At the time of the theft, he was in a downward spiral and reeling from being a witness to a gang hit of an acquaintance he was with, at point blank range. Johnston's lawyer Chris Johnson said Johnston was hired to break in and steal the guns on the promise that he’d be paid $2,500, which he planned to spend on drugs and to get out of town following the murder.
Johnson also made the unusual submission that sending his client to jail would place him in “significant danger.”
“The person who committed the shooting has been charged with murder as a result of that and that Mr. Johnston is a required witness in that matter,” he said.
Since the time of his release from jail on an unrelated charge, Johnston went to live in a recovery house and has done “remarkably well,” in not just staying off drugs but mentoring others going through treatment.
At a sentencing hearing last month, Johnston spoke through tears as he acknowledged that his behaviour was wrong and said going into recovery was the best thing that had ever happened in his life.
“I learned that there were more important things than just myself. I learned the effect and hurt that I’ve caused so many people with my actions, my drug abuse,” he said. “I finally built a life for myself. I have a great relationship. I have my own home. I’m building careers. I have actual, real, pro-social people in my life now – people I want to see me advance.”
Judge Jospeh Galati agreed that Johnston could serve his sentence in the community with 10 months under house arrest, following by 10 months of a 10 p.m. curfew and two years of probation.
Galati acknowledged that Johnston was truly remorseful and added that, as long as he remains sober, he won’t pose a risk to the community.
“He appears to have completely turned his life around and is adamant that he will not go back to his previous lifestyle,” he said.
Galati also acknowledged Johnston’s willingness to be a witness in the gang hit trial.
“Although I agree that stolen firearms pose a risk to the community, and that priority must be given to deterrence of denunciation when sentencing offenders involved in that enterprise, I’m satisfied that the particular circumstances involving Mr. Johnston’s co-operation with the authorities serves to significantly mitigate his otherwise high moral blameworthiness.”
