BOYLE — A local woman avoided jail time and resolved a two-year-old matter after being found in possession of a shotgun while under court firearm prohibition and breaching her mandated curfew.
In Boyle Court of Justice April 23, Nicole Lynn Murphy, 40, pleaded guilty to two counts of failure to comply with release orders as part of a joint submission between Crown prosecutor Taylor Noble and defence lawyer Igor Kasic.
Noble told court on the afternoon of May 28, 2022, Boyle RCMP officers attended Murphy’s shared residence with common-law partner Travis Overton to execute a search warrant. Their search uncovered a shotgun and shells kept in plain view with no trigger lock — at the time, Nicole Murphy was bound by court order to not possess firearms or ammunition.
On March 2, 2024 at approximately 12:30 a.m., Boyle RCMP officers located Overton inside a stolen vehicle parked at a Grassland gas station. While officers arrested Overton, Murphy exited the store briefly before ignoring verbal commands and re-entering the gas station. She was not located after a search of the store, and was under a release order to remain in her home between the hours of 10 p.m. and 6 a.m.
As part of the submission, one count of unauthorized possession of a firearm, one count of contravening proper firearm storage regulations, and two counts of possession of a prohibited firearm were withdrawn.
Justice Robert Shaigec accepted the joint submission and sentenced Murphy to the Crown’s recommended 11 days of custody, which was satisfied by seven enhanced days served previously, and a $500 fine. Shaigec also handed down a five-year weapons prohibition and waived the victim-fine surcharge for both counts.
“You’re a recipient of the Assured Income for Severely Handicapped (AISH), to impose the surcharge would cause undue hardship,” said Shaigec.
Noble told court Murphy has seven previous failure to comply convictions on her record, as well as a 10-year firearm prohibition in 2013. Her record, along with the moral culpability of knowingly breaching orders, were aggravating factors considered by the suggested sentence.
Mitigating factors listed by the crown included early guilty pleas to the two unrelated charges, which were committed in 2022 and 2024. While one charge is more than two years old and multiple trial dates have been set, Murphy was initially facing them with a co-accused.
Noble also cited triable issues as mitigating factors in Murphy’s case.
“The crown always bears the burden of proving knowledge and control beyond a reasonable doubt, and this firearm was found in a shared residence,” she said.
“The Crown also had some conflicting release orders, requiring her to be at this residence, as well as other residences. It was certainly a hurdle for Crown to get over,” she added.
Kasic made several submissions on his client’s behalf, speaking to her background and current financial status.
“She was originally born in Whitecourt, Alberta, but has lived in various parts of Alberta including Boyle, and currently living in Anzac, near Fort McMurray. She is on AISH, receiving income support,” said Kasic.
“Ms. Murphy is coming before the court, taking responsibility for (a) breach of recognizance on both informations. She regretfully did breach court orders, but she is regretful in doing so,” he added.
