A one-year jail sentence for possessing an Uzi would be going "overboard," says the defence lawyer for a 58-year-old man who was found with the weapon after a domestic dispute call.
Greg Mitchell Fertuck got into a drunken argument with his wife on Oct. 23, 2011, grabbing her and dragging her from the room, Saskatoon provincial court heard Thursday.
Police who responded were informed there were guns in the Saskatoon residence and Fertuck's son led them to the detached garage, where they found an Uzi mini-carbine weapon, an empty high-capacity magazine and a pouch with four high-capacity 25-round magazines - as well as a .303-calibre bolt-action rifle and a .22-calibre pump-action rifle.
Fertuck pleaded guilty to assault, possessing a firearm without a licence, careless use of a firearm and possessing a prohibited weapon.
The Crown recommended a year in jail for Fertuck, which defence lawyer Morris Bodnar strenuously disagreed with.
"I believe the Crown has gone overboard ... for a man who in effect has no convictions," Bodnar said during sentencing arguments.
Bodnar alleged it was Fertuck's wife, a truck driver, who brought the Uzi into the house. Uzi submachine guns, manufactured in Israel, can be imported into the U.S. and "a small number" of them find their way into Canada, Bodnar said. They are a prohibited weapon in Canada.
Bodnar argued for a non-custodial sentence for Fertuck. Noncustodial sentences can include probation or conditional sentence orders, served in the community.
He said a jail sentence was too harsh, noting the Uzi wasn't brandished in a threatening manner nor used in the commission of an offence.
Prosecutor Barbara Herder said the protection of the public factored into the Crown's position, emphasizing the danger of a submachine-gun lying unsecured in a garage.
Although Fertuck didn't have any convictions on his record, he was previously before the court in 2010 on a domestic violence charge after he threatened his wife with a handgun.
He went through the court's domestic violence program at that time.
On the most recent incident, the son told police he knew there were weapons on the premises because his father had alluded at one point that during the last incident, police didn't get all the guns in the house.
Herder argued for one year in jail followed by one year of probation that would include a provision that Fertuck abstain from alcohol and drugs and undergo addiction assessment and treatment as recommended.
Bodnar said there is no question alcohol abuse is an issue Fertuck has to deal with and recommended personal counselling.
Judge Sheila Whelan reserved her decision on sentencing until early next month.
