Weapons Offences (Sentencing Cases): Difference between revisions

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#REDIRECT [[Weapons and Firearms Offences (Sentencing Cases)]]
{{HeaderSentCases}}
==Possession Offences==
{{OffencesBoxMini|Careless Use or Storage of a Firearm}}
{{OffencesBoxMini|Carrying a Concealed Weapon}}
{{OffencesBoxMini|Possession of a Weapon for a Dangerous Purpose}}
 
Includes s. 86: (Careless Storage), s. 88 (Poss'n for Dangerous Purpose), s. 90 (Concealed Weapon), and s. 95 (Possession of a Restricted/Prohibited Firearm).
 
{{SCaseHeaderLong}}
 
{{SCaseLong|{{CanLIIR-S|Yang|hv65c|2018 ONCA 230 (CanLII)}}{{TheCourtONCA}} |ON|CA| Suspended Sentence (storage) <br>(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. }}
 
{{SCaseLong|{{CanLIIR-S|Grice|212rg|2008 ONCJ 476 (CanLII)}}{{perONCJ|Puglsey J}}|ON|PC | $500 fine (storage) | Someone found accused was videotaping ex-wife in shower, found carelessly stored .22 cal rifle.}}
 
{{SCaseLong|{{CanLIIR-S|Davis|fwx3t|2013 ABPC 69 (CanLII)}}{{perABPC|Lamoureux J}}|AB|PC | 12 months / {{JailY|4}} (global) | Offender sentenced for unsafe storage. He had a shotgun, brass knuckles and stolen property}}
 
{{SCaseLong|{{CanLIIR-S|Silvera|hx4rk|2019 ONCJ 27 (CanLII)}}{{perONCJ|Silverstein J}}|ON|PC | discharge (storage)| }}
 
{{SCaseLong| {{CanLIIR-S|Clarke|ft8f9|2012 CanLII 60848 (NL PC}}{{perNLPC|Porter J}} |NL|PC| {{JailD|60}} (poss'n)<Br> {{JailD|30}} (assault x 2)<Br> {{JailD|30}} (breach x 2)| The offender was convicted of assaulting two persons and carrying a knife while he committed the two assaults.}}
 
{{SCaseLong| {{CanLIIR-S|Sousa|fnp8d|2011 ONSC 6463 (CanLII)}}{{perONSC|MacDonnell J}}|ON|SC |{{JailY|2.5}} | handgun}}
 
{{SCaseLong| {{CanLIIR-S|Ugodnikov|20mzl|2008 ABPC 249 (CanLII)}}{{perABPC|Stevens-Guille J}} | AB|PC|{{JailD|60}}|The offender was convicted of wielding a knife while in a busy Edmonton street crowd during the hockey playoffs. He had no prior record. The pre-sentence report was positive. The judge stated that the offence was highly dangerous and needed general deterrence.}}
 
{{SCaseLong|{{CanLIIR-S|Dalton|hpx49|2018 ONSC 544 (CanLII)}}{{perONSC|Garton J}}|ON|SC | CSO and probation | {{SummaryPending}} }}
 
{{SCaseLong|{{CanLIIR-S|Hassan|h52m9|2017 ONSC 4570 (CanLII)}}{{perONSC|Backhouse J}}|ON|SC| {{MaxCSO}} | 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. }}
 
{{SCaseLong|{{CanLIIR-S|Nsiah|gxbn0|2017 ONSC 769 (CanLII)}}{{perONSC|Goldstein J}}|ON|SC| {{JailY|2.5}} | {{SummaryPending}}}}
 
{{SCaseLong|{{CanLIIR-S| Squires|h2z1j|2017 CanLII 17175 (NL PC)}}{{perNLPC|Skanes J}}|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]}}
 
{{SCaseLong|{{CanLIIR-S|Shunmoganathan|gt574|2016 ONCJ 519 (CanLII)}}{{perONCJ|Blouin J}} |ON|PC | {{MaxCSO}} | 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. }}
 
{{SCaseLong|{{CanLIIR-S|Sears|grx2j|2016 BCSC 965 (CanLII)}}{{perBCSC|Betton J}}|BC|SC | {{CSOM|19}} | {{SummaryPending}} }}
 
{{SCaseLong|{{CanLIIR-S|Rutledge|glsd0|2015 ONSC 6625 (CanLII)}}{{perONSC|Wien J}}|ON|SC| {{JailM|18}} 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.  }}
 
{{SCaseLong|{{CanLIIR-S|Browne|g82pf|2014 ONSC 4217 (CanLII)}}{{perONSC|Campbell J}}|ON|SC| {{JailY|3}} | {{SummaryPending}} }}
 
{{SCaseLong|{{CanLIIR-S|Hector|g6fdq|2014 ONSC 1970 (CanLII)}}{{perONSC|MacDonnell J}}|ON|SC| {{JailY|6}} (global) | {{SummaryPending}} }}
 
{{SCaseLong|{{CanLIIR-S|Nuttley|g2jsd|2013 ONCJ 727 (CanLII)}}{{perONCJ|Brown J}}|ON|PC | {{CSOM|13}} | {{SummaryPending}} }}
 
{{SCaseLong|{{CanLIIR-S|Charles|g1t0w|2013 ONCA 681 (CanLII)}}{{perONCA|Cronk JA}}|ON|CA| {{JailY|7}} | {{SummaryPending}} }}
 
{{SCaseLong| {{CanLIIR-S|Ramirez|frxjx|2012 ABPC 176 (CanLII)}}{{perABPC|Fradsham J}}|AB|PC| discharge | no record}}
 
{{SCaseEnd}}
 
===Possession of a Weapon Contrary to an Order (117.01)===
{{OffencesBoxMini|Possession of a Weapon Contrary to an Order}}
 
{{SCaseHeaderLong}}
{{SCaseLong|{{CanLIIR-S|Morrow|fkvww|2011 BCCA 155 (CanLII)}}{{perBCCA|Neilson JA}}|BC|CA | {{JailY|5}} | {{SummaryPending}} }}
 
{{SCaseLong|{{CanLIIR-S|Charles|2csz7|2010 ONSC 5437 (CanLII)}}{{perONSC|Backhouse J}}|ON|SC| {{JailM|5}} | {{SummaryPending}} }}
 
{{SCaseLong|{{CanLIIR-S|Chan|fpj3p|2011 NSSC 471 (CanLII)}}{{perNSSC|Wright J}}|NS|SC| {{JailY1}}| {{SummaryPending}} }}
 
{{SCaseLong|{{CanLIIRP-S|Moss|1nnd3|2006 NLTD 98 (CanLII)|, [2006] NJ No 174 (SC)}}{{perNLSC|Schwartz J}}|NL|SC| {{JailY1}} | also charged w robbery (9 years); guilty plea }}
 
{{SCaseLong|{{CanLIIRP-S|Boutilier|fsxd5|2006 NLTD 30 (CanLII)|, [2006] NJ No 42 (NLSC)}}{{perNLSC|O'Regan J}}|NL|SC | {{JailY|3}} (also convicted for other firearm offences)| 1 year}}
 
{{SCaseLong|{{CanLIIRP-S|Lavers|2dx1r|2010 NLCA 73 (CanLII)|, [2010] NJ No 390 (NLCA)}}{{perNLCA|Welsh JA}}|NL|CA| {{JailM|2}} | {{SummaryPending}} }}
 
{{SCaseLong|{{CanLIIR-S|Maddigan|22xnj|2009 ONCA 269 (CanLII)}}{{TheCourtONCA}}| ON|CA|{{JailM|12}} consecutive| connection to Hells Angels; also convicted of firearms offences (2 years)}}
 
{{SCaseLong|{{CanLIIR-S|Clark|21zwg|2008 ABPC 371 (CanLII)}}{{perABPC|Dunnigan J}}|AB|PC|  {{JailY|2}} | also convicted of drug trafficking (4 years)}}
 
{{SCaseLong|{{CanLIIR-S|Barnett|fp112|2011 BCPC 320 (CanLII)}}{{perBCPC|Raven J}}| BC|PC| {{JailM|30}} | also convicted of trafficking (30 months)}}
 
{{SCaseEnd}}
 
==Use Offences==
{{OffencesBoxMini|Pointing a Firearm}}
{{OffencesBoxMini|Discharging a Firearm}}
 
Includes s. 87: (Pointing a Firearm), s. 244 (Discharging a Firearm).
 
{{SCaseHeaderLong}}
 
{{SCaseLong|{{CanLIIR-S|Riggs|gwl6x|2016 CanLII 89895 (NL SCTD)}}{{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|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|GWO| [2009] O.J. No. 5926}}|ON| | {{JailM|13}} | }}
 
{{SCaseLong|{{CanLIIR-S|Tallon|1g2sh|2003 CanLII 27268 (ON CA}}{{perONCA|Rosenberg JA}}|ON|CA| | }}
 
{{SCaseLong|{{CanLIIR-S|Dumont|1fbn4|2001 CanLII 24174 (ON CA}}{{perONCA|Labrosse JA}} (2:1) |ON|CA| {{CSO1Y}} | }}
 
{{SCaseLong|{{CanLIIR-S|LDM|1xcpg|2001 NSCA 19 (CanLII)}}{{perNSCA|Flinn JA}}|NS|CA | {{JailY|4}} | }}
 
{{SCaseLong|{{CanLIIR-S|Beardy|1fl78|2001 MBCA 34 (CanLII)}}{{perMBCA|Huband JA}}|MB|CA | {{JailY1}} | }}
 
{{SCaseLong|{{CanLIIR-S|Forrest|1fb1z|2000 CanLII 5091 (ON CA}}{{TheCourtONCA}}|ON|CA | {{JailY|18}} | }}
 
{{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|McLetchie|1f9n0|1999 CanLII 2759 (ON CA}}{{TheCourtONCA}}|ON|CA| {{JailM|20}} (pointing)| }}
 
{{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|Smith|6hnz|1997 CanLII 832 (ON CA)}}{{perONCA|Rosenberg JA}}|ON|CA | 2 years (pointing) | }}
 
{{SCaseLong|{{CanLIIR-S|Heddle|1dzs8|1997 CanLII 2998 (BC CA}}{{perBCCA|Southin JA}}|BC|CA | 1 year (pointing) | }}
 
{{SCaseLong|{{CanLIIR-S|Bruce (JUL), |fwvw6|1997 CanLII 16057 (NL SCTD)}}{{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|Gale|1mmzz|1996 CanLII 5295 (NS CA}}{{perNSCA|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|Senior|2ddb8|1996 ABCA 71 (CanLII)}}{{TheCourtABCA}} |AB|CA| 22 years (global) | }}
 
{{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|Whalen|g08nn|1994 CanLII 10347 (NL SCTD)}}{{perNLSC|Hickman CJ}}|NL|SC | 9 months (assault weapon) | }}
 
{{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|Forsythe|1dc9j|1994 CanLII 2492 (BC CA)}}{{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 (BC CA)}}{{perBCCA|Lambert JA}}|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.}}
 
{{SCaseLong|{{CanLIIR-S|Roberts|1d9kq|1992 CanLII 1316 (BC CA)}}{{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.}}
 
{{SCaseLong|{{CanLIIR-S|Nungusuituq|hzz72|2019 NUCJ 6 (CanLII)}}{{perNUCJ|Charlesworth J}}|NU | | {{JailY|3}} | }}
 
{{SCaseLong|{{CanLIIR-S|Yang|hv65c|2018 ONCA 230 (CanLII)}}{{TheCourtONCA}}| ON|CA|''See above'' | ''See above''}}
 
{{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|Jefferson|g70zt|2014 ONCA 434 (CanLII)}}{{TheCourtONCA}}|ON|CA | {{JailY|10}} | }}
 
{{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 (NL PC)|, [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|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|{{CanLIIR|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|Chan|fpj3p|2011 NSSC 471 (CanLII)}}{{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.  These are similar facts and circumstances, and a comparable sentence for Mr. Marsh’s s. 244 and s. 268 offences should be close to seven years for each incident."}} 
 
{{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.}}
 
{{SCaseEnd}}
 
 
==Section 99, 100: Weapons Trafficking==
{{OffencesBoxMini|Weapons Trafficking}}
 
{{SCaseHeaderLong}}
 
{{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. }}
 
{{SCaseEnd}}
 
==Section 103: Importing Weapons ==
{{SCaseHeaderLong}}
{{SCaseLong| {{CanLIIRP-S|Ross|2blxq|2010 BCCA 314 (CanLII)|, [2010] BCJ 1394 (BCCA)}}{{perBCCA|Bennett JA}}|BC|CA| {{JailY|5}} |Offender imported 4 firearms.}}
 
{{SCaseEnd}}
 
==See Also==
* [[Firearms Offences (Sentencing Cases)]]
 
{{OffencesNavBox/Weapons}}

Latest revision as of 19:17, 14 May 2024

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