An appeal bid has been denied for a man convicted for possessing a loaded and restricted handgun in his truck during a 2018 traffic stop in Errington. (Ian Holmes/NanaimoNewsNOW)

By Ian Holmes

conviction upheld

Appeal denied for Parksville man caught with loaded, restricted handgun

Aug 21, 2020 | 6:09 AM

NANAIMO — The appeal of a man jailed for six years for weapons offences following a traffic stop west of Parksville was dismissed by a BC Court of Appeal justice.

A recent B.C. Court of Appeal ruling upheld the conviction of Gary Kenneth Mills, who was found guilty of three charges after a loaded and restricted 0.45 calibre handgun was found under the seat of his truck on March 30, 2018 in Errington.

Mills unsuccessfully argued the presiding judge failed to properly instruct the Supreme Court jury on the essential element of knowledge to prove possession of the gun.

However, the written ruling from Justice Patrice Abrioux stated evidence presented at trial was reasonably capable of supporting guilty verdicts.

Mills also argued the RCMP’s on-scene handling of the gun and multiple people association with his truck didn’t rule out the possibility he was unaware the gun was in the vehicle.

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An RCMP forensics examination of the weapon showed Mills’ DNA was found on several parts of the weapon, which Justice Abrioux said was “crucial to support a finding that Mr. Mills had constructive knowledge of the gun in the vehicle.”

He was prohibited for possessing a firearm of any kind and was also a prohibited driver at the time.

During the appeal, the third charge of possessing a restricted firearm was stayed since the elements of the charge were essentially a duplicate of the first two. It amounted to a one-year jail sentence to be served concurrently.

Mills has a lengthy criminal record dating back decades for primarily violence, drugs and weapons related offences.

ian@nanaimonewsnow.com

On Twitter: @reporterholmes