Weapons Offences (Sentencing Cases)

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Section 86: Careless Storage

Case Name Sentence Summary
R v Yang,
2018 ONCA 230 (CanLII), per curiam
Suspended Sentence
(5.5 months on remand)
The accused was a licenced gun owner who fired a semi-automatic 45 caliber Sig Sauer in his apartment while intoxicated. Court of appeal overturned a conditional discharge ordered by Justice Webber.
R v Grice,
2008 ONCJ 476 (CanLII)
$500 fine Someone found accused was videotaping ex-wife in shower, found carelessly stored .22 cal rifle.
R v Davis,
2013 ABPC 69 (CanLII)
12 months / 4 years (global) had a shotgun, brass knuckles and stolen property

Section 87: Pointing a Firearm

Case Name Sentence Summary
R v Riggs,
2016 CanLII 89895 (NL SCTD)
15 months The offender pointed a firearm at two persons
R v Nadon,
2016 ONSC 3518 (CanLII)
2 years (pointing)
R v Huson,
2009 BCSC 1825 (CanLII)
15 months The offender pleaded guilty pointing a firearm, uttering threats, assault, and use of a firearm. He was 30 years old with a prior record.
R v GWO,
[2009] O.J. No. 5926(*no CanLII links)
13 months
R v Tallon,
2003 CanLII 27268 (ON CA)
R v Dumont,
2001 CanLII 24174 (ON CA)
1 year CSO
R v L.D.M.,
2001 NSCA 19 (CanLII)
4 years
R v Beardy,
2001 MBCA 34 (CanLII)
1 year
R v Forrest,
2000 CanLII 5091 (ON CA)
18 years
R v Johnsen,
1999 BCCA 577 (CanLII)
9 months + 18 mo prob. The offender was 23 years old. he was convicted of careless use of a firearm and pointing a firearm. He discharged a rifle through the door of his mother's home and then drove to his girlfriend's. Police confronted him and he pointed his firearm at them. He was intoxicated at the time and had a drinking problem. He was receiving counselling at the time of sentence.
R v McLetchie,
1999 CanLII 2759 (ON CA)
20 months (pointing)
R v Smith,
1999 CanLII 1544 (ON CA)
9 months (pointing) The offender pleaded guilty to pointing a firearm, assault causing bodily harm x 2, and assault x 3. The gun was not loaded.
R v Bedard,
1998 CanLII 4009 (ON CA)
1 months (pointing) The offender was convicted of pointing a firearm, assault with a weapon, careless storage of a firearm. He and an accomplice were both armed with guns assaulted the victim by holding a gun to his head and "pistol-whipping" him. May have been related to drug trafficking. Police find improperly stored rifle at offender's residence.
R v Smith, 1997 CanLII 832 (ON CA) 2 years (pointing)
R v Heddle,
1997 CanLII 2998 (BC CA)
1 year (pointing)
R v Bruce (JUL),
1997 CanLII 16057 (NL SCTD)
5 months + 3 yrs prob. The offender plead guilty to assault with a weapon, pointing a firearm, asauslt and uttering threats. He attacked his common-law partner, which included hitting, kicking, pulling of hair, putting a knife to her throat, and then pointing a gun at her then threatening her. He was 48 years at the time and had numerous health problems.
R v Gale,
1996 CanLII 5295 (NS CA)
15 months + 2 yrs prob. The offender was convicted of assault and pointing a firearm. He pointed an unloaded rifle at his wife and pulled the trigger. At the time, he drunk and high, and was also on probation for assaulting his wife a previous time.
R v Senior,
1996 ABCA 71 (CanLII)
22 years (global)
R v Green,
1995 ABCA 77 (CanLII)
9 months (pointing)
3 months (assault)
The offender was convicted of assault and pointing a firearm. He was in a domestic dispute where he hit his partner. Police arrived and during a confrontation he pointed a firearm at a police officer.
R v Whalen,
(1994), 1994 CanLII 10347 (NL SCTD)
9 months (assault weapon)
R v Bunker,
1994 ABCA 99 (CanLII)
3 years The offender was convicted of manslaughter and pointing a firearm. He entered into a residence and fired 4 shots at one person, hitting him twice, and then attempted to shoot another person but the gun was out of ammunition. He was 25 years old with a lengthy non-violent record. He was high on cocaine at the time.
R v Forsythe,
1994 CanLII 2492 (BC CA)
4 years The offender was convicted of two counts pointing a firearm, one count possession of a rifle for dangerous purpose. He got into an argument with his brother in law. While brother in law was running away, he fired a rifle at him twice. When another person attempted to flee he jumped on the hood of the car, pointed the rifle at them and threatened them. He was 26 years old and had a lengthy record of violence.
R v Cummings,
1993 CanLII 7789 (NL CA)
4 years (global)
1 year (pointing)
The offender pleaded guilty to pointing a firearm, aggravated assault, using firearm while committing an offence, and possession of a dangerous weapon. He fired a shotgun at his ex-partner. The shot came close to the victim. She was traumatized by the event. He was undergoing psychiatric care at the time due to grief from the death of his wife.
R v Walters,
1993 CanLII 1888 (BC CA)
3 years (pointing) The offender was convicted on pointing a firearm and aggravated assault. The offender was on a drug binge and pointed a sawed off .22 caliber gun at a person and demanded that the victim give him drugs. He was unaware if the gun was loaded or not. A struggle ensued. He had a record that included a weapons offence.
R v Roberts,
1992 CanLII 1316 (BC CA)
3 months The offender plead guilty to pointing a firearm. He pointed an unloaded rifle at a bus driver two times. He had a prior conviction for cultivating marijuana. A 5 year weapons prohibition was ordered.

Section 88: Dangerous Purpose

Case Name Sentence Summary
R v Clarke,
2012 CanLII 60848 (NL PC)
60 days (poss'n)
30 days (assault x 2)
30 days (breach x 2)
The offender was convicted of assaulting two persons and carrying a knife while he committed the two assaults.
R v Sousa,
2011 ONSC 6463 (CanLII)
2.5 years handgun
R v Ugodnikov,
2008 ABPC 249 (CanLII)
60 days The offender was convicted of weidlign a knife while in a busy Edmonton street crowd during the hockey playoffs. He had no prior record. The pre-sentence report was positive. Judge stated that the offence was highly dangerous and needed general deterrence.

Section 95: Possession of a Restricted/Prohibited Firearm

Case Name Sentence Summary
R v Dalton,
2018 ONSC 544 (CanLII)
CSO and probation Summary of case is pending. [Garton SCJ]
R v Hassan,
2017 ONSC 4570 (CanLII)
2 years less a day CSO The offender was convicted at trial of numerous firearms offences. He was found in his vehicle while in possession of an unloaded prohibited firearm and had ammo in his pocket. He was 24 years old and had a minor criminal record.
R v Nsiah,
2017 ONSC 769 (CanLII)
2.5 years Summary of case is pending. [Goldstein SCJ]
R v Squires,
2017 CanLII 17175 (NL PC)
2 years and prob. The offender pleaded guilty to s. 95(1), s. 117.01 and s. 108(1)(b). The judge rejected the request for a conditional sentence. [per Skanes PCJ]
R v Shunmoganathan,
2016 ONCJ 519 (CanLII)
2 years less a day CSO The offender was found guilty of storing a gun in her bedroom closet with ammunition in her pocket in a jacket nearby. She was 18 years old.
R. v. Sears,
2016 BCSC 965 (CanLII)
19 month CSO Summary of case is pending.
R v Rutledge,
2015 ONSC 6625 (CanLII)
18 months and Probation The offender was convicted at trial for possessing three prohibited handguns and careless storage of several long-guns and ammunition. His son and step-son were involved in drug dealing, which he facilitated by letting them use his farm property. He was found responsible on a standard of wilful blindness. He was 56 years old.
R v Browne,
2014 ONSC 4217 (CanLII)
3 years Summary of case is pending.
R v Hector,
2014 ONSC 1970 (CanLII)
6 years (global) Summary of case is pending.
R v Nuttley,
2013 ONCJ 727 (CanLII)
13 months CSO Summary of case is pending.
R v Charles,
2013 ONCA 681 (CanLII)
7 years Summary of case is pending.

Section 90: Concealed Weapon

Case Name Sentence Summary
R v Ramirez,
2012 ABPC 176 (CanLII)
discharge no record

Section 99, 100: Weapons Trafficking

Case Name Sentence Summary
R v Farah,
2016 ONSC 5000 (CanLII)
8 years The offender was convicted of weapons trafficking and criminal organization.

Section 103: Importing Weapons

Case Name Sentence Summary
R v Ross,
2010 BCCA 314 (CanLII), [2010] BCJ 1394 (BCCA)
5 years Offender imported 4 firearms.

Possession of a Weapon Contrary to an Order (117.01)

Case Name Sentence Summary
R v Morrow,
2011 BCCA 155 (CanLII)
5 years Summary of case is pending.
R v Charles,
2010 ONSC 5437 (CanLII)
5 months Summary of case is pending.
R v Chan,
2011 NSSC 471 (CanLII)
1 year Summary of case is pending.
R v Moss,
2006 NLTD 98 (CanLII), [2006] NJ No 174 (SC)
1 year also charged w robbery (9 years); guilty plea
R v Boutilier,
2006 NLTD 30 (CanLII), [2006] NJ No 42 (NLSC)
also convicted for other firearm offences (3 years) 1 year
R v Lavers
2010 NLCA 73 (CanLII), [2010] NJ No 390 (NLCA)
2 months Summary of case is pending.
R v Maddigan,
2009 ONCA 269 (CanLII)
12 months consecutive connection to Hells Angels; also convicted of firearms offences (2 years)
R v Clark,
2008 ABPC 371 (CanLII)
2 years also convicted of drug trafficking (4 years)
R v Barnett,
2011 BCPC 320 (CanLII)
30 months also convicted of trafficking (30 months)

Discharging a Firearm (s. 244)

Case Name Sentence Summary
R v Yang,
2018 ONCA 230 (CanLII)
See above See above
R v Cox,
2015 ONCA 769 (CanLII)
11 years Discharged a firearm in the course of a robbery.
R v Jefferson,
2014 ONCA 434 (CanLII)
10 years
R v Derion,
2013 BCPC 381 (CanLII)
7 years The offender was convicted of discharging a firearm and possession of a loaded restricted firearm and possession of a firearm dangerous to the public. He discharged a firearm during a drug deal gone bad. The offender was of aboriginal heritage. He had an extensive criminal record.
R v Halleran,
2013 CanLII 13309 (NL PC), [2013] NJ 120 (NLPC)
7 years (discharge)
7 years (agg. assault)
The offender got into a dispute with the victim over a drug debt. He discharged a .22 caliber rifle shooting the victim in the leg. He then reloaded and held the gun to the victim's chin. He then stabbed the victim in the face, chest, back and scrotum. The offender was 19 years old with one prior conviction for violence.
R v Bellissimo, 2009 ONCA 49 (CanLII) The offender was convicted of aggravated assault and discharging a firearm with intent to wound. He fired shots in a restaurant and hit two people. Judge suggested a range of 7 to 11 years.

See Also