View source for Use of Firearms Offences (Sentencing Cases)

{{Currency|January 2023}}
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{{OffencesBoxMini|Discharging a Firearm}}
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==Discharge Offences==
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{{SCaseLong|{{CanLIIR-S|Chol|jmnbw|2022 ABPC 41 (CanLII)}}{{perABPC|Semenuk J}} |{{AB}}|PC| | discharge firearm into 4 houses.}}

{{SCaseLong|{{CanLIIR-S|Julom|jqh89|2022 ABPC 124 (CanLII)}}{{perABPC|Tyndale J}} | {{AB}} | PC | | }}

{{SCaseLong|{{CanLIIR-S|Olson|jcmfk|2021 BCSC 61 (CanLII)}}{{perBCSC|Humphries J}} |{{BC}}|SC| |  affirmed at {{CanLII|k1b5x|2023 BCCA 430 (CanLII)}}}}

{{SCaseLong|{{CanLIIR-S|Campbell|jm2vk|2021 MBPC 59 (CanLII)}}{{perMBPC|Carlson J}} | {{MB}} | PC | | }}

{{SCaseLong|{{CanLIIR-S|Itturiligaq|j858k|2020 NUCA 6 (CanLII)}}{{perNUCA|Schutz JA}} | NU | CA |  | "the offender pleaded guilty to intentionally discharging a firearm at a house knowing that it was occupied (section 244.2(1)(a)). When his girlfriend refused to go home with him, he fired a rifle at the house knowing she and others were inside. The shot entered the house above the front door and exited through the roof. Gladue factors applied and the offender had thoughts of suicide. The sentencing judge noted the profound negative impact of penitentiary time because there is no federal penitentiary in Nunavut. He found a sentence of two years less a day would be appropriate." [https://canlii.ca/t/j8l7j#par53] }}

{{SCaseLong|{{CanLIIR-S|Neeposh|j61pv|2020 QCCQ 1235 (CanLII)}}{{perQCCQ|Ladouceur J}} | {{QC}} | PC | | "the offender pleaded guilty to sections 244.2(1)(b) and (3)(b) as well as sections 267(a), 87(2)(a) and 88(2)(a). After a fight with his ex-girlfriend, who told him to “go kill yourself”, the offender was intoxicated and suicidal while walking with a .12 caliber firearm outside his residence in a small northern Aboriginal community. Numerous shots were fired including three shots at a witness, who was uninjured. When confronted by a police officer, he pointed the firearm at the officer and then turned it towards his own chin. He then dropped the gun, which was empty of ammunition. The sentencing judge emphasized the Gladue factors, the collateral consequences of the sentence far from home and in a fundamentally different culture, and the uncertain and limited nature of general deterrence. The sentencing judge found the case was similar to Gunner and concluded the mandatory minimum violated section 12 of the Charter. The offender was sentenced to 20 months or 600 days for the section 244.2(1)(b) and (3)(b) offences." [https://canlii.ca/t/j8l7j#par63] }}

{{SCaseLong|{{CanLIIR-S|Pink|j5hf9|2020 ONSC 814 (CanLII)}}{{perONSC|Kelly J}} | {{ON}} | SC | | "the offender pleaded guilty to possessing a prohibited firearm possessing a loaded firearm during a robbery while prohibited from doing so. The victim suffered nonserious bullet wounds during the incident. The trial judge found the group effort to rob the victim in a public place and the offender’s prior record were aggravating. The mitigating factors were the guilty plea, community support, work history, and wise use of time while incarcerated. The offender received a 9-year global sentence for these offences." [https://canlii.ca/t/k1f57#par54] }}

{{SCaseLong|{{CanLIIR-S|Baptiste|j5bxg|2019 BCSC 2339 (CanLII)}} | {{BC}} | SC| {{JailY|4.5}}  | "the offender was found guilty after trial of section 244.2(3)(b) as well as assault, pointing a firearm, and uttering a death threat. The charges arose out of incidents involving the offender’s then girlfriend. After an argument, the offender pointed a Simonov or SKS rifle outfitted with an ammunition magazine at his then girlfriend, then fired it above her head. The bullet went through a bedroom wall and closet and exited the residence. The offender had a lengthy criminal record, addiction problems, and fetal alcohol spectrum disorder. The trial judge found Gladue factors reduced the offender’s moral blameworthiness. She referred to Dingwall and Oud, among other cases, and concluded a fit sentence for intentional discharge of a firearm was in the range of slightly over four years to five years. The offender was sentenced to four years and six months for the section 244.2(3)(b) conviction. " [https://canlii.ca/t/j8l7j#par65] }}

{{SCaseLong|{{CanLIIR-S|Arcand|j0vz2|2019 SKQB 131 (CanLII)}} | {{SK}} |SC| | }}

{{SCaseLong|{{CanLIIR-S|Sauve|hxdmb|2019 ONSC 960 (CanLII)}}{{perONSC|Byrne J}} | {{ON}} | SC | | "involved an accused who shot 13 times into a home, injuring a 10-year-old boy. The intended victim was a person who lived or frequented the same townhouse. The accused had several convictions, but none involving a firearm. He had a troubled childhood, finding some stability in foster care. He did not finish high school. He had never been employed. He offered no insight into the offence of acceptance of responsibility. The shooting was planned and deliberate. The injuries the child suffered were serious. Fleeing the scene after the shooting was found to be aggravating and “cold and callous”. The accused was only 23 which meant that there was time for him to turn his life around. The convictions on the charges of discharging a firearm and aggravated assault received 11 years concurrent to each other." }}

{{SCaseLong|{{CanLIIR-S|Ward|j0d0g|2019 MBPC 27 (CanLII)}}{{perMBPC|Corrin J}} | {{MB}} | PC | | "involved a gang enforcer who attacked a member of a rival gang and was charged under ss. 244(2)(a). The accused was 33 years old. He was expelled from school at the age of 16 with a grade six standing, after suffering from Attention Deficit Disorder and beginning to drink regularly, after which he was recruited into a gang. He had an extensive criminal record, including violent offences. The shooting occurred in a residential home where people not affiliated with gangs were living. He used hollow point bullets to maximize damage. The Bellissimo range was cited. An eight year sentence was imposed." }} 

{{SCaseLong|{{CanLIIR-S|Anderson|j0sv5|2019 ABCA 223 (CanLII)}}{{perABCA|Rowbotham JA}} | {{AB}} | CA | | "involved a manslaughter conviction and a later discharge of firearm offence in which shots were fired at another car during a car chase. The discharge offence received a three year sentence. It was not found to be unfit or too low on appeal." }}

{{SCaseLong|{{CanLIIR-S|Fogg|j3gqp|2019 ABPC 286 (CanLII)}}{{perABPC|Fraser J}} | {{AB}} | PC | | "Mr. Fogg took a handgun to a drug transaction and shot the victim at close range in a vehicle, rather than deliver $100 worth of drugs. The victim’s arm required surgery. ...Mr. Fogg had a lengthier and more violent criminal record than Mr. Julom, comprised of 11 previous convictions for weapons offences, four convictions for violent offences, two convictions for breaching mandatory firearms prohibitions, and 15 convictions for breaching court orders. Like Mr. Julom, Mr. Fogg had received serious custodial sentences which had no deterrent effect on using a gun to commit serious violent offences. ...Judge Fraser imposed sentences of seven years, concurrent, on each of the aggravated assault and discharge firearm with intent offences, and six months consecutive for the possession of a firearm in breach of the prohibition, and six months consecutive for all of the breaches, for a total of eight years. This was reduced by one year as credit for time in pretrial custody." }}

{{SCaseLong|{{CanLIIR-S|Nungusuituq|hzz72|2019 NUCJ 6 (CanLII)}}{{perNUCJ|Charlesworth J}} | NU | CJ | | " ss. 244.2(1)(b). The accused fired a gun at random in a small community four times over 15-20 minutes. The sentencing judge found that a three-year sentence would balance denunciation and deterrence with rehabilitation of a first-time offender and would recognize Gladue factors and would be in the range of other sentences in Nunavut and the Northwest Territories. He found the mandatory minimum sentence to be unconstitutional and of no force and effect. The accused pled guilty. There were no casualties. It was an important factor that the accused terrorized a community." see also: [https://canlii.ca/t/j8l7j#par58] }}

{{SCaseLong|{{CanLIIR-S|Claros|j1mk7|2019 ONCA 626 (CanLII)}}{{perONCA|Paciocco JA}} | {{ON}} | CA | | "the Court of Appeal increased a global sentence of 5 years to 8 years for discharging a firearm with intent to wound and breaching a s 109 order. Although there was a guilty plea and difficult personal circumstances that reduced the offender’s moral culpability, the Court emphasized that deterrence and denunciation remained the paramount considerations for such offences." [https://canlii.ca/t/k1f57#par51]  }}

{{SCaseLong|{{CanLIIR-S|Agin|hrgg2|2018 BCCA 133 (CanLII)}}{{per|Stromberg-Stein and Fitch JJ}} | {{BC}} | CA |  | "the Court dismissed the offender’s appeal of an 11 year sentence for using a prohibited firearm to commit a robbery, discharging a prohibited firearm with intent to wound, maim or disfigure, and aggravated assault. In attempting to rob a commercial marijuana facility, the offender discharged his handgun twice, hitting an employee in the leg. The offender had 48 prior convictions and was on parole. He pleaded guilty to these offences. The Court recognized that 11 years was on the upper end of the range for armed robberies involving violence. However, it found the planning and terrorization of the victims were particularly aggravating." {{keywords|robbery|prohibited firearm}} }}

{{SCaseLong|{{CanLIIR-S|Hall|ht404|2018 BCSC 1229 (CanLII)}}{{perBCSC|Duncan J}} | {{BC}} |SC | | }}

{{SCaseLong|{{CanLIIR-S|Dingwall|hsp9k|2018 BCSC 1041 (CanLII)}}{{perBCSC|Abrioux J}} | {{BC}} | SC | | "The offender, along with two others, was found guilty of numerous charges including recklessly discharging a firearm (section 244.2(1)(b)). The charges arose out of a drive-by shooting in which the offender drove the vehicle. The two co-perpetrators shot three to four times at a house with people inside and shot at people outside the house, injuring one in the leg. The sentencing judge concluded the mandatory minimum of five years prescribed by section 244.2(3)(a)(i) was grossly disproportionate and violated section 12 of the Charter. The offender was sentenced to four-and-a-half years." [https://canlii.ca/t/j8l7j#par64] }}

{{SCaseLong|{{CanLIIR-S|Maytwayashing|hrcr8|2018 MBCA 36 (CanLII)}}{{perMBCA|Hamilton JA}} | {{MB}} | CA | | "the offender intentionally shot the victim in the leg before robbing his house of marijuana. The offender had several notable Gladue factors. However, the Manitoba Court of Appeal increased the sentences imposed for convictions on charges of aggravated assault and robbery from six years to nine years due to the offender’s lengthy record involving violence, firearms, frequent breaches of court orders, and the need for protection of the public." [https://canlii.ca/t/k1f57#par53] }}

{{SCaseLong|{{CanLIIR-S|Kakfwi|hv9jw|2018 NWTSC 30 (CanLII)}}{{perNWTSC|Charbonneau J}} | NWT | SC | | "the offender pleaded guilty to section 244.2. After being embarrassed at a public meeting, he retrieved a rifle and fired five shots in the air. He then went into a residence in a complex from which he fired one shot at police as a “warning”, threatened to shoot anyone who approached the building, and fired more shots over two and a half hours. He was observed three times holding the rifle to his chin, threatening to commit suicide. Applying her reasons from Cardinal, the sentencing judge concluded that those parts of paragraph 244.2(3)(b) of the Criminal Code that impose a mandatory minimum punishment of four years for the commission of a section 244.2(1)(b) offence are of no force and effect. The offender was sentenced to five years global jail, with four years for reckless discharge of a firearm." [https://canlii.ca/t/j8l7j#par59]}}

{{SCaseLong|{{CanLIIR-S|Cardinal|hv9jx|2018 NWTSC 31 (CanLII)}}{{perNWTSC|Charbonneau J}} | NWT | SC | | "the offender pleaded guilty to having intentionally discharged a firearm while being reckless as to the life and safety of another person (section 244.2). The offender faced a mandatory minimum of five years because he used a prohibited firearm. After drinking with a friend, the  offender tried to shoot himself with a shotgun. The friend pushed the gun away causing a shot to be fired through the front door. In frustration, the offender fired a second shot through the door, then left the house with the shotgun, and fired a third shot into the snow on a side street. The sentencing judge held the mandatory minimum of five years would be grossly disproportionate and would outrage standards of decency and be intolerable to society. The offender was sentenced to three-and-a-half years." [https://canlii.ca/t/j8l7j#par59] }}

{{SCaseLong|{{CanLIIR-S|Reis|h3cnt|2017 ONSC 1961 (CanLII)}}{{perONSC|Akhtar J}} |{{ON}} | SC| {{JailY|6}} | "involved an accused who was approached by the victim and a friend, who flashed a gun, following which the accused chased the friend, took the gun, and fired at the victim and the friend, wounding the victim. A sentence of six years was imposed for aggravated assault and discharging a firearm with intent to wound, from which credit for pre-sentence custody was subtracted. The accused was 28 years old, and no criminal record was cited. That the victim was not more seriously injured was only due to luck. Therefore, the Bellissimo range could have been appropriate according to the court. However, given the friend’s provocation, the lack of planning, his relative youth, and lack of a record, going below the range was justified." }}

{{SCaseLong|{{CanLIIR-S|Callaghan|h2t06|2017 ONSC 1853 (CanLII)}}{{perONSC|Garton J}} | {{ON}} |SC | | "The accused was shot at by a group of cyclists, and the accused returned fire. He had a record for firearms offences. There were no injuries, but this was not a mitigating factor as it was strictly fortuitous. While it was in response to an attack, he did not need to put the public at risk by shooting in a residential neighbourhood, and while it was not planned, he was clearly ready for a shootout. The sentencing judge found that a jump from a previous six year sentence was required. The conviction for discharging a firearm received a seven year sentence, as part of a global sentence of 10 years."}} 

{{SCaseLong|{{CanLIIR-S|Whitehead|h6p31|2017 SKQB 263 (CanLII)}}{{perSKQB|Krogan J}} | {{SK}} | SC | | "is a decision involving an accused who discharged a firearm at a police officer who was taking cover behind the police cruiser. The accused was a 26-year-old Indigenous man. Various Gladue factors were present. He had a criminal record including several violent offences. He had a high risk for reoffending. Denunciation and deterrence were the significant principles. As in Arcand, it was aggravating that he fired at a police office. However, he pled guilty. The discharging a firearm offence received a sentence of nine years, before the global sentence was reduced for totality." }} 

{{SCaseLong|{{CanLIIR-S|Rodney|gxltn|2017 ONCJ 68 (CanLII)}}{{perONCJ|Feldman J}} |{{ON}} |PC| {{JailY|4}} | "Rodney, 22 years old, and Mohammed discharged at least four bullets into a home and one came close to hitting a child. Rodney drove Mohammed to the scene."}}

{{SCaseLong|{{CanLIIR-S|Ookowt|hqg8c|2017 NUCJ 22 (CanLII)}}{{perNUCJ|Johnson J}} | NU | | | "the offender pleaded guilty to section 244.2(1)(b). He had been attacked by a person who had a history of bullying him. While intoxicated, he fired one rifle shot into the window of the house where the attacker was living. The homeowner was inside and the bullet missed him by a few inches. The offender was unaware if anyone was in the home. The sentencing judge found two years less a day would be the appropriate sentence." [https://canlii.ca/t/j8l7j#par52] }}

{{SCaseLong|{{CanLIIR-S|Gunner|hmw10|2017 QCCQ 12563 (CanLII)}}{{perQCCQ|Ladouceur J}} | {{QC}} |PC | | "the offender pleaded guilty to sections 244.2(1)(a) and (3)(b), 91(1)(a) and (3)(b). He was intoxicated and suicidal when the police arrived at his apartment and fired a shot at an officer. The offender’s three-year-old daughter was inside during the standoff with the police. Gladue factors applied. The sentencing judge considered the circumstance that the offender was a member of an indigenous community very far removed from the urban areas where federal penitentiaries are located. The offender was sentenced to 90 days." [https://canlii.ca/t/j8l7j#par62]}}

{{SCaseLong|{{CanLIIR-S|Marsh|hpb19|2017 CanLII 84460 (NL SC)}}{{perNLSC|Goodridge J}} | {{NL}} |SC | | "involved shootings that occurred two months apart. Each occurred in a private home in a residential neighbourhood. They were motivated by collecting moneys owed for drugs and by revenge. The accused had a lengthy record, with some assaults. The victims sustained serious injuries. General deterrence and denunciation were the most important objectives. Consecutive sentences were imposed. One aggravated assault attracted a sentence of five years, and the other assault and discharge of a firearm with intent attracted seven years."}}

{{SCaseLong|{{CanLIIR-S|Nadon|grw07|2016 ONSC 3518 (CanLII)}}{{perONSC|Kurke J}} | {{ON}} |SC| {{JailY|2}} (pointing x2)<br> 1 year (threats)<br> 1 year (confinement)<br> {{JailY|3}} (loaded firearm)<br> {{JailY|10}} (attempt murder w firearm)<br> 1 year (breach) <br> {{JailY|3}} (prohib order)| The offender shot the victim 14 times and left him paralyzed relating to a confrontation between the two over a debt.  }}

{{SCaseLong|{{CanLIIR-S|Kreko|grq16|2016 ONCA 367 (CanLII)}}{{perONCA|Pardu JA}} | {{ON}} | CA | | "the offender carried out an armed robbery and fired his gun at the victim but did not seriously injure him. The offender also accidentally shot a bullet into his own leg, which required surgery and left him with enduring physical problems. The Court of Appeal found that the offender’s dislocation from his Aboriginal heritage reduced his moral culpability and reduced his global sentence from 13 years to 9 years for his possession without lawful excuse of a loaded prohibited firearm, robbery with a handgun, and intentional discharge of a firearm while being reckless as to the life or safety of another person. There was also a guilty plea." [https://canlii.ca/t/k1f57#par52] }}

{{SCaseLong|{{CanLIIR-S|Barr|gnbxd|2016 BCSC 193 (CanLII)}}{{perBCSC|Tindale J}} |{{BC}} |SC | {{JailY|7}} | "Over a drug dispute, Mr. Barr shot the victim, hitting him three separate times and continued to fire as the victim tried to run away. The injuries were life threatening."}}

{{SCaseLong|{{CanLIIR-S|Oud|gsp1s|2016 BCCA 332 (CanLII)|339 CCC (3d) 379 }}{{perBCCA|Saunders JA}} | {{BC}} | CA | | "involved an accused who shot through the door of a basement suite, knowing it to be occupied. There were no injuries. He had a previous conviction for impaired driving. The sentence was increased to five years on appeal. This differentiated the accused’s culpability from a less serious offence, one without multiple rounds fired, actual knowledge of persons present, and a purpose of retaliation."  see also: [https://canlii.ca/t/j8l7j#par45]}}

{{SCaseLong|{{CanLIIR-S|Cox|gm0m5|2015 ONCA 769 (CanLII)}}{{TheCourtONCA}}| {{ON}} |CA| {{JailY|11}} | Discharged a firearm in the course of a robbery.}}

{{SCaseLong|{{CanLIIR-S|Geetah|ggrx8|2015 NUCJ 10 (CanLII)}} per Sharkey J | NU|CJ | | "involved an accused who shot and killed his brother at home, and then began shooting out the window with various rifles; he was not trying to shoot anyone, but did intentionally shoot near people. He fired into the home of an RCMP officer who was keeping watch at the accused’s house. He was hoping to make the RCMP feel they needed to kill him because of the danger he posed. He had high moral blameworthiness. He terrorized the community. It was found that seven years imprisonment was appropriate for the various firearms offences (ss. 244.2(1)(a)). It was reduced for the sake of totality to five years, given the manslaughter sentence which had been imposed. That sentence was imposed consecutively to the manslaughter sentence, as the sentences reflected different legal interests. The sentence imposed for the manslaughter offence recognized that the sanctity of the family home needs legal protection. The sentence imposed for the shooting rampage was an affirmation of safe community values and recognized that the members of the community as a whole are entitled to and sometimes in need of the protection of the law."}}

{{SCaseLong|{{CanLIIR-S|Russel|gh7kx|2015 SKQB 97 (CanLII)}}{{perSKQB|Scherman J}} |{{SK}}|SC| {{jailY|3.5}} |"an offender pulled over for an impaired driving investigation. He pointed a rifle at the officer saying not to move or he would shoot. The officer managed to get the rifle away from Mr. Russel and nobody was injured." The offender was 57 years old, had no criminal record, was remorseful, and claims to have been intoxicated at the time.}}

{{SCaseLong|{{CanLIIR-S|Chand|g6fnr|2014 BCSC 579 (CanLII)}}{{perBCSC|McEwan J}} |{{BC}} |SC| {{JailY|7}} | "Mr. Chand, 22 years old, shot the victim in the back as he ran away up the stairs at a Skytrain station following a dispute over a debt." }}

{{SCaseLong|{{CanLIIR-S|Clayton|g2r9j|2014 ABCA 27 (CanLII)}}{{TheCourtABCA}}|{{AB}}|CA | {{JailY|11}} | pointed firearm at 6 people. Held person hostage with a firearm. {{keywords|pointing}} }}

{{SCaseLong|{{CanLIIR-S|Johnsrud|gfd18|2014 ABCA 395 (CanLII)}}{{TheCourtABCA}} | {{AB}} |CA| | "involved a 42- year-old offender with a lengthy related record who pulled a loaded handgun on a security guard while subject to a lifetime ban on possession. His appeal of a 7.5-year sentence failed as there were no reviewable errors on the part of the sentencing judge, for example, his argument that the sentences should have been concurrent did not persuade Rowbotham J. who said concurrency would result in a free ride on the most serious offence (para 6)."}}

{{SCaseLong|{{CanLIIR-S|Abdullahi|g34s7|2014 ONSC 272 (CanLII)}}{{perONSC|McWatt J}} | {{ON}} | SC | | "the offender pleaded guilty to three Criminal Code offences including recklessly discharging a firearm (section 244.2(3)(a)(i)). After a disagreement among a group of people, the offender fired two or three rounds into the air from an illegal firearm." }}

{{SCaseLong|{{CanLIIR-S|Derion|g6n09|2013 BCPC 381 (CanLII)}}{{perBCPC|Giardini J}} |{{BC}}|PC| {{JailY|7}} | 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.}}

{{SCaseLong|{{CanLIIRP|Halleran|fwkvb|2013 CanLII 13309 (NLPC)|, [2013] NJ 120 (NLPC)}}{{perNLPC|Marshall J}}|{{NL}}|PC | {{JailY|7}} (discharge)<br> {{JailY|7}} (agg. assault) <br> | 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. }}

{{SCaseLong|{{CanLIIR-S|McMillan|gn6lw|2016 MBCA 12 (CanLII)}}{{perMBCA|Chartier CJ}} | {{MB}} |CA | | "the offender pleaded guild to intentionally discharging a firearm into a house while reckless whether someone was inside (section 244.2(1)(a)). The youthful offender was subjected to ongoing harassment in his small community. He fired a rifle six times at the house of the person he believed responsible for harassing graffiti. Four bullets went through the front window narrowly missing two people while a third person was asleep elsewhere in the house. The Manitoba Court of Appeal set aside the sentence of one year and found an appropriate sentence would be 48 months. The Court did not engage the section 12 issue other than to say the sentencing judge’s reasoning was not endorsed." [https://canlii.ca/t/j8l7j#par47] }}

{{SCaseLong|{{CanLIIR-S|Johnson|gfw0f|2013 YKSC 126 (CanLII)}}{{perYKSC|Gower J}} | YK |SC | | }}

{{SCaseLong|{{CanLIIR-S|Lyta|g11fx|2013 NUCA 10 (CanLII)}}{{perNUCA|Hunt JA}} | NU | CA | | }}

{{SCaseLong|{{CanLIIRx|Ghebreigziabiher|fsz07|2012 ONSC 5384 (CanLII)}}{{perONSC|Kelly J}} | {{ON}} |SC|{{JailY|4}} (discharge) | "the offender, with a prior criminal record, was sentenced to nine years for aggravated assault (s. 268) and one year consecutive for possession of a firearm while prohibited by court order.  He also received concurrent sentences of four years for discharging a firearm, two years for pointing a firearm and one year for possession of ammunition contrary to court order. "}}

{{SCaseLong|{{CanLIIRx|Jones|fsqtm|2012 ONCA 609 (CanLII)}}{{TheCourtONCA}} | {{ON}} |CA|  {{JailY|9}} | "the offender was sentenced to ten years following convictions for aggravated assault, discharging a firearm with intent to wound, using a firearm while committing an indictable offence, kidnapping with a firearm, and possession of a restricted weapon.  The facts involved a kidnapping which evolved into a confrontation in which gunfire was exchanged.  One victim was hit in the crossfire and injured.  The Court of Appeal upheld concurrent sentences of nine years for the aggravated assault (s. 268) and the discharge of firearm with intent to wound (s. 244). "}}

{{SCaseLong|{{CanLIIR-S|Hassan|frgfh|2012 BCCA 201 (CanLII)}}{{perBCCA|Newburh JA}} | {{BC}} | CA | | }}

{{SCaseLong|{{CanLIIR-S|Ivanic|fl5rf|2011 BCCA 158 (CanLII)}}{{perBCCA|Bennett JA}} | {{BC}} | CA | | }}

{{SCaseLong|{{CanLIIR-S|Seymour|fp7sm|2011 BCSC 1682 (CanLII)}}{{perBCSC|Smith J}} | {{BC}} |SC| {{JailY|6}} | "the offender discharged a restricted semi-automatic pistol through an occupied motor vehicle into an occupied apartment building narrowing missing a woman inside. He was under two weapons prohibitions at the time."}}

{{SCaseLong|{{CanLIIR-S|Seymour|fp7sm|2011 BCSC 1682 (CanLII)}}  |{{BC}}|SC| | }}

{{SCaseLong|{{CanLIIRP|Chan|fpj3p|2011 NSSC 471 (CanLII)|985 APR 126}}{{perNSSC|Wright J}} | {{NS}} |SC | {{JailY|7}} (discharge) | "the offender, who had a prior criminal record, was sentenced to eleven years following convictions for two separate gun-related incidents.  In the first incident the offender went into a shop and fired a Glock 9 mm handgun three times in the direction of the intended victim.  The motive for the crime was to settle an altercation.  The second incident involved unauthorized possession of a firearm, but it was not fired or aimed at anyone.  The sentence breakdown for each individual crime is not relevant here because the sections of the ''Criminal Code'' that were engaged are mostly different, and because the totality principle was used to reduce the overall sentence.  However, it is helpful and comparable to note that a seven-year sentence was imposed for the discharge of firearm with intent to wound (s. 244) and that the total sentence for the two gun-related incidents was eleven years.  In order to achieve parity, we are looking at something close to seven years for the s. 244 offence, and something close to 11 years for the total sentence."}}

{{SCaseLong|{{CanLIIR-S|Walker-King|fm4pg|2011 ONSC 4307 (CanLII)}}{{perONSC|Thorburn J}}| {{ON}} |SC | {{JailY|9.5}} | "the twenty-year-old offender went to a private residence with a loaded handgun, and shot the victim in the abdomen.  He had a prior record as a young offender.  The sentence was 9.5 years broken down as follows:  aggravated assault (s. 268), eight years; discharge of firearm with intent to wound (s. 244), seven years concurrent; breach of recognizance (s. 145(3)), one year; and wearing disguise, six months."}}  

{{SCaseLong|{{CanLIIR-S|Swallow|2870z|2010 QCCQ 955 (CanLII)}}{{perQCCQ|Chabot J}} |{{QC}}|PC|5.5 years | "an aboriginal shooter held off police at his home following a domestic incident ... He fired both from within and without the home eventually sustaining injury from police gun fire." }}

{{SCaseLong|{{CanLIIR-S|Bellissimo|225g6|2009 ONCA 49 (CanLII)}}{{TheCourtONCA}}| {{ON}} |CA | | 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.}}

{{SCaseLong|{{CanLIIR-S|Swaby|23jrf |2009 CanLII 23880 (ON SC)}} | {{ON}} |SC| | "involved a drive-by shooting. The offender was 19 years old. The victim was 15 years old. There was no provocation, and the victim was in front of his home. The court indicated the facts were of sufficient seriousness to require a higher sentence. The conviction for aggravated assault resulted in a sentence of eight years. The lack of a prior record and the accused’s young age, despite the fact that he committed another offence while on bail, led the sentencing judge to believe that there were reasonable hopes for rehabilitation."}}

{{SCaseLong|{{CanLIIR-S|Rathor|1q3bj|2006 BCPC 504 (CanLII)}}{{perBCPC|Chen J}} | {{BC}} | PC | | "involved the accused, who was driving a vehicle, firing a gun after a disagreement with a pedestrian. The pedestrian was not injured. The accused was young, with no criminal history. The sentencing judge could not evaluate the accused’s prospects for rehabilitation. However, it was noted that the shooting was planned, albeit very quickly. The ultimate sentence was five years, as it was longer than the minimum, but not deserving of six to eight years. The sentencing judge was concerned with the accused’s apparent rage and aggression, leading to a sentence higher than the minimum. Deterrence and denunciation were required in the wake of a dangerous act that could have injured the innocent public." }}

{{SCaseLong|{{CanLIIR-S|Brown|1m5xx|2005 CanLII 46092 (ONSC)}}{{perONSC|Nordheimer J}} |{{ON}}| SC| 4 years (global) |"a 36-year-old, with a small child, and a lengthy record going back to youth, including assaults on police officers. He had received 3 1/2 years for criminal negligence causing death in 1994. He was sentenced for pointing a gun at a security guard who roused him in a crack apartment. It was considered a spontaneous act because the gun had been given Mr. Brown to sell only shortly before the guards arrived. ... Some factors considered in imposing a sentence of 4 years included drug addiction, impairment at the time, and the spontaneous nature of the act. Pointing was considered the most serious offence for which he received 18 months."}}

{{SCaseLong| {{CanLIIR-S|Jackson|1db67|2002 CanLII 41524 (ON CA)}} | {{ON}}|CA |  {{JailY|7}} |"This case involved an officer stopping two people riding double on a bike when the offender turned and shot twice at the officer." }}

{{SCaseLong|{{CanLIIR-S|Devylder|h2qg7|2001 ABPC 159 (CanLII)}}{{perABPC|Fradsham J}} | {{AB}} | PC | {{JailY|10}} | }}

{{SCaseLong|{{CanLIIR-S|Johnsen|52hl|1999 BCCA 577 (CanLII)}}{{perBCCA|Ryan JA}} |{{BC}}|CA| 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. }}

{{SCaseLong|{{CanLIIR-S|Melanson|1kvtg|1998 CanLII 12185 (NB CA)|199 NBR (2d) 338}} |{{MB}} | CA| | "involved an attempted murder by shooting at noon hour on a downtown street in Moncton. The accused received a sentence of eight years. The act was planned and deliberate. The accused pled guilty but lacked remorse. He had a record of violent offences."}}

{{SCaseLong|{{CanLIIR-S|Donk|5rc2|1998 ABPC 57 (CanLII)}}{{perABPC|Fradsham J}} | {{AB}} | PC |  | "the accused pled guilty to possession of a prohibited weapon, discharge firearm with intent, and common assault arising out of an incident when he fired a sawed-off shotgun at close range through the window of a car being driven by the victim, his ex-common law partner, injuring her when glass and pellets were embedded in her face. He fired again at the back window as she fled. ...Aggravating factors distinct from Mr. Julom’s case included Mr. Donk’s criminal record including two convictions for possession of a weapon (as opposed to possession of a weapon and aggravated assault for Mr. Julom), that he had been diagnosed with Antisocial Personality Disorder which manifested as having “a violent temper which is under very poor, if any, real control” (para 15), and that the offences occurred on a domestic context, with evidence of previous violence within the relationship. ...Mitigating factors included the accused’s guilty plea and pre-trial custody of 8.5 months. Mr. Donk was sentenced to six years, three months for the discharge firearm and three months consecutive for the assault. Judge Fradsham also ordered, pursuant to s 743.6, that Mr. Donk serve a minimum of one-half of the sentence." }}

{{SCaseLong|{{CanLIIR-S|Gale|1mmzz|1996 CanLII 5295 (NS CA}}{{perNSCA-H|Bateman JA}}| {{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.}}

{{SCaseLong|{{CanLIIR-S|Canney |1swps|1995 CanLII 6994 (NB CA)|163 NBR (2d) 161}}{{perNBCA|Ayles JA}} |{{NB}} |CA | | "involved random shooting in public, injuring one victim. The charge of aggravated assault received a seven year sentence, reduced from 10 years to give more weight to rehabilitation and the record of the accused. The range was stated to be up to 10 years. The accused had a history of mental health problems, which led the court to be sceptical about how deterrence can have much weight in such circumstances."}}

{{SCaseLong|{{CanLIIR-S|Bunker|2dbgc|1994 ABCA 99 (CanLII)}}{{TheCourtABCA}}|{{AB}}|CA | {{JailY|3}} | 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. }}

{{SCaseLong|{{CanLIIR-S|Kelly|2dbpb|1994 ABCA 168 (CanLII)}}{{TheCourtABCA}} | {{AB}} |CA | {{JailY|4}} | }}

{{SCaseEnd}}

==Pointing Offences==

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{{SCaseLong|{{CanLIIR-S|Shalaan|j8mbn|2020 NSPC 25 (CanLII)}}{{perNSPC|van der Hoeck J}} |{{NS}} |PC| {{JailY|3}} | {{keywords|pointing}} }}

{{SCaseLong|{{CanLIIR-S|Wilson|gxqfb|2017 ONCJ 74 (CanLII)}}{{perONCJ|De Filippis J}} | {{ON}} |PC| {{ADischarge}} |"an officer who pointed an unloaded gun at a fellow officer in jest."}}

{{SCaseLong|{{CanLIIR-S|Riggs|gwl6x|2016 CanLII 89895 (NLSCTD)}}{{perNLSC|Goodridge J}}|{{NL}}|SC | {{JailM|15}} | The offender pointed a firearm at two persons }}

{{SCaseLong|{{CanLIIR-S|Nadon|grw07|2016 ONSC 3518 (CanLII)}}{{perONSC|Kurke J}} | {{ON}} |SC| {{JailY|2}} (pointing) | }}

{{SCaseLong| {{CanLIIR-S|Sousa|fnp8d|2011 ONSC 6463 (CanLII)}}{{perONSC| MacDonnell  J}}| {{ON}} |SC| {{JailM|12}} | {{keywords|pointing}} }}

{{SCaseLong|{{CanLIIR-S|Huson|27jkf|2009 BCSC 1825 (CanLII)}}{{perBCSC|Schultes J}} |{{BC}}|SC | {{JailM|15}} | The offender pleaded guilty pointing a firearm, uttering threats, assault, and use of a firearm. He was 30 years old with a prior record. }}

{{SCaseLong|{{CanLIIR-S|Smith|1f9mc|1999 CanLII 1544 (ON CA}}{{TheCourtONCA}}| {{ON}} |CA | {{JailM|9}} (pointing) | The offender pleaded guilty to pointing a firearm, assault causing bodily harm x 2, and assault x 3.  The gun was not loaded. }}

{{SCaseLong|{{CanLIIR-S|Bedard|6gxx|1998 CanLII 4009 (ON CA}}{{perONCA|Finlayson JA}} | {{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. }}

{{SCaseLong|{{CanLIIR-S|Bruce (JUL), |fwvw6|1997 CanLII 16057 (NLSCTD)}}{{perNLSC|Robert J}} |{{NL}}|SC| 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. }}

{{SCaseLong|{{CanLIIR-S|Heddle|1dzs8|1997 CanLII 2998 (BC CA}}{{perBCCA|Southin JA}}|{{BC}}|CA | 1 year (pointing) | }}

{{SCaseLong|{{CanLIIRP|Smith|6hnz|1997 CanLII 832 (ON CA)|120 CCC (3d) 500}}{{perONCA|Rosenberg JA}}| {{ON}} |CA | 2 years (pointing) | }}

{{SCaseLong|{{CanLIIR-S|Green|2dc2q|1995 ABCA 77 (CanLII)}}{{perABCA|Cairns JA}}|{{AB}}|CA | 9 months (pointing)<br> 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.}}

{{SCaseLong|{{CanLIIR-S|Forsythe|1dc9j|1994 CanLII 2492 (BCCA)}}{{perBCCA|Hutcheon JA}}|{{BC}}|CA | {{JailY|4}} | 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.}}

{{SCaseLong|{{CanLIIR-S|Cummings|2dxg8|1993 CanLII 7789 (NL CA}}{{perNLCA|Gushue JA}} |{{NL}}|CA| 4 years (global)<br> 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.}}

{{SCaseLong|{{CanLIIR-S|Walters|1db0r|1993 CanLII 1888 (BCCA)}}{{perBCCA|Lambert JA}}|{{BC}}|CA | {{JailY|3}} (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.}}

{{SCaseLong|{{CanLIIR-S|Roberts|1d9kq|1992 CanLII 1316 (BCCA)}}{{perBCCA|Taggart JA}}|{{BC}}|CA | {{JailM|3}} | 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.}}

{{SCaseEnd}}
{{OffencesBoxMini|Weapons Trafficking}}
{{OffencesBoxMini|Weapons Importation}}

==Weapons Transfer Offences==

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{{SCaseLong|{{CanLIIR-S|Farah|gst61|2016 ONSC 5000 (CanLII)}}{{perONSC|Campbell J}}| {{ON}} |SC|{{JailY|8}} | The offender was convicted of weapons trafficking and criminal organization. {{keywords|Section 99, 100}}}}

{{SCaseLong| {{CanLIIRP-S|Ross|2blxq|2010 BCCA 314 (CanLII)|[2010] BCJ 1394 (BCCA)}}{{perBCCA|Bennett JA}}|{{BC}}|CA| {{JailY|5}} |Offender imported 4 firearms. {{keywords|Section 103}} }}

{{SCaseEnd}}

==See Also==
* [[Robbery (Sentencing Cases)]]