Firearms Offences (Sentencing Cases)

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General

Case Name Sentence Summary
R v Nadon,
2016 ONSC 3518 (CanLII)
2 years (pointing x2)
1 year (threats)
1 year (confinement)
3 years (loaded firearm)
10 years (attempt murder w firearm)
1 year (breach)
3 years (prohib order)
The offender shot the victim 14 times and left him paralyzed relating to a confrontation between the two over a debt.
R v Horsley,
2013 ONCJ 310 (CanLII)
5.5 years offender possessed one handgun with serial number removed and a "zip" gun.
R v Duhamel,
2013 ONSC 1340 (CanLII)
7 years Offender in possession of loaded handgun with serial number removed as well as 120+ gram of cocaine
R v Wong
2012 ONCA 767 (CanLII)
3 years drugs and guns

Section 87: Pointing a Firearm

Case Name Sentence Summary
R v Clayton,
2014 ABCA 27 (CanLII)
11 years pointed firearm at 6 people. Held person hostage with a firearm.
R v Sousa,
2011 ONSC 6463 (CanLII)
12 months


Section 91: Unauthorized Possession of Firearm

Case Name Sentence Summary
R v Fontaine,
2014 MBQB 119 (CanLII)
12 months killed friend using unauthorized weapon
R v Greening,
2013 CanLII 5319 (NL PC)
6 months (stun gun)
18 months (global)
attempting to import stun guns and brass knuckles
R v Drake
[2012] NJ 30 (NLPC)(*no link)
30 days (weapon)
16 months (global)
possession of drugs for purpose of trafficking, possession of brass knuckles
R v Andall,
[2011] OJ 3523 (ONSC)(*no link)
6 months possession of a stun gun
R v Ash,
2010 BCCA 604 (CanLII), [2010] BCJ No. 2750 (C.A.)
12 months Offender convicted of drug offences and possession of a stun gun.
R v Trecartin,
2012 NBQB 162 (CanLII)
12 months found in possession of a shotgun, handgun, and assault rifle--guns found locked away
R v Veranski,
2010 BCCA 211 (CanLII)
21 month CSO 9 mm CA semi automatic pistol; 38 years old; no criminal record--arrested carrying a bag with a firearm--ammo in the magazine and chamber

Section 92: Possession of Unauthorized Firearm

Case Name Prv. Crt. Sentence Summary
R v Adan,
2016 ONSC 6763 (CanLII)
ON SC 21 months custody The offender pleaded guilty to s. 92(1), 110, and 117.1(1). He was in a vehicle that was shot at. When police responded they found the offender and a friend had tried to dispose of a loaded gun. There was no proof that the offender knew it was loaded. The offender was 28 years old with a record of violence. The judge also ordered a s. 109 Order for 10 years.
R v Holmes
2013 ONSC 302 (CanLII)
ON SC 12 months (firearms)
2 years (all others)
The offender was convicted poss'n of wpn, carrying a concealed weapon (pepper spray), poss'n of firearm while prohibited, resist arrest, dangerous driving, driving over 80, poss'n stolen prpty under $5k, and theft prpt under $5k. He was 25 years of age, has a problem with alcohol. He had a lengthy record of offences as a youth.

Section 95: Possession of a Restricted or Prohibited Firearm

Case Name Sentence Summary
R v Shomonov,
2016 ONSC 4015 (CanLII)
21 months The Police responded to a 911 call which lead them to the offender who was in the hospital where he was being treated for accidentally shooting himself. Search of his place revealed that he was a drug dealer. The judge ordered forfeiture of the gun, s. 109 prohibition and DNA Order. Per McCombs J. [post-dates striking down s. 95]
R v Aubichon,
2015 ABCA 242 (CanLII)
7.5 years
R v Yalahow,
2015 ABCA 116 (CanLII)
3 years (firearm)
3.5 years (trafficking drugs)
6 years, 8 months (global)
R v Ongaro,
2014 BCPC 118 (CanLII)
$2500 fine, 10y Prohib American citizen passing through Canada with his family were searched at border and found with unlicenced handgun.
R v Jefferson,
2014 ONCA 434 (CanLII)
10 years Offender convicted at trial of discharging firearm, possession of a firearm while prohibited, and four counts of breach of probation. The offender's "crime and his circumstances put him at the upper range of the existing range"
R v Smickle,
2014 ONCA 49 (CanLII)
12 months Offender already served a 5 month CSO. Trial judge invalidated the 3 year minimum. Offender was taking pictures of himself at home holding the gun when police came in and saw him.
R v Johnsrud,
2012 ABPC 298 (CanLII)
5 years offender pointed unloaded firearm at victim and pulled trigger
R v Choken,
2012 MBPC 44 (CanLII)
5 years offender was 19 years old connected to biker gang, also convicted of drug traffficking
R v Frohock,
2009 BCCA 227 (CanLII)
6 years 8 months after 14 mo remand found with loaded sawed-off shotgun; 45 year old with extensive record.
R v Dickson,
2007 ABCA 322 (CanLII)
25.5 months sawed-off shotgun
R v Cross,
2006 CanLII 33193 (ON C.A.)
2 years less a day 19 year old;limited record; .45 calibre handgun concealed in the waistband of the offenders’s pants.
R v Smith,
2006 NSCA 95 (CanLII)
2 years 9mm handgun outside a bedroom; 39 year old with a significant drug addiction; 49 prior convictions
R v Syed,
2005 CanLII 4773 (ON C.A.)
2 years less a day numerous loaded weapons, 590 grams of marijuana
R v Morin
(1993), 1993 CanLII 2711 (BC CA), BCJ No. 1477
4 months Canadian citizen stopped at border. Search revealed 6 unlicensed guns. Offender was a gun collector.

See Also