Weapons Offences (Sentencing Cases): Difference between revisions

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#REDIRECT [[Weapons and Firearms Offences (Sentencing Cases)]]
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==Section 86: Careless Storage==
{{OffencesBoxMini|Careless Use or Storage of a Firearm}}
 
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{{SCase1|R v Grice,<br> [http://canlii.ca/t/212rg 2008 ONCJ 476] (CanLII) | $500 fine | found accused was videotaping ex-wife in shower, found carelessly stored .22 cal rifle.}}
 
{{SCase1|R v Davis, <br>[http://canlii.ca/t/fwx3t 2013 ABPC 69] (CanLII) | 12 months / 4 years (global) | had a shotgun, brass knuckles and stolen property}}
 
{{SCaseEnd}}
 
 
==Section 87: Pointing a Firearm==
 
{{SCaseHeader}}
 
{{SCase1|R v Riggs, <Br>[http://canlii.ca/t/gwl6x 2016 CanLII 89895] (NL SCTD) | 15 months | The offender pointed a firearm at two persons }}
 
{{SCase1|R v Nadon, <br> [http://canlii.ca/t/grw07 2016 ONSC 3518] (CanLII) | 2 years (pointing) | }}
 
{{SCase1|R v Huson, <Br> [http://canlii.ca/t/27jkf 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. }}
 
{{SCase1|R v GWO,<Br> [2009] O.J. No. 5926{{NOCANLII}}| 13 months | }}
 
{{SCase1|R v Tallon, <br> [http://canlii.ca/t/1g2sh 2003 CanLII 27268] (ON CA)| | }}
 
{{SCase1|R v Dumont, <br> [http://canlii.ca/t/1fbn4 2001 CanLII 24174] (ON CA) | 1 year CSO | }}
 
{{SCase1|R v L.D.M., <br> [http://canlii.ca/t/1xcpg 2001 NSCA 19] (CanLII) | 4 years | }}
 
{{SCase1|R v Beardy, <br> [http://canlii.ca/t/1fl78 2001 MBCA 34] (CanLII) | 1 year | }}
 
{{SCase1|R v Forrest, <br> [http://canlii.ca/t/1fb1z 2000 CanLII 5091] (ON CA) | 18 years | }}
 
{{SCase1|R v Johnsen, <br> [http://canlii.ca/t/52hl 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. }}
 
{{SCase1|R v McLetchie, <br> [http://canlii.ca/t/1f9n0 1999 CanLII 2759] (ON CA) | 20 months (pointing)| }}
 
{{SCase1|R v Smith, <br> [http://canlii.ca/t/1f9mc 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. }}
 
{{SCase1|R v Bedard, <br> [http://canlii.ca/t/6gxx 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. }}
 
{{SCase1|R v Smith, [http://canlii.ca/t/6hnz 1997 CanLII 832] (ON CA) | 2 years (pointing) | }}
 
{{SCase1|R v Heddle, <br> [http://canlii.ca/t/1dzs8 1997 CanLII 2998] (BC CA) | 1 year (pointing) | }}
 
{{SCase1|R v Bruce (JUL), <br> [http://canlii.ca/t/fwvw6 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. }}
 
{{SCase1|R v Gale, <br> [http://canlii.ca/t/1mmzz 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.}}
 
{{SCase1|R v Senior, <br> [http://canlii.ca/t/2ddb8 1996 ABCA 71] (CanLII) | 22 years (global) | }}
 
{{SCase1|R v Green, <br> [http://canlii.ca/t/2dc2q 1995 ABCA 77] (CanLII) | 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.}}
 
{{SCase1|R v Whalen, <br>(1994), [http://canlii.ca/t/g08nn 1994 CanLII 10347] (NL SCTD) | 9 months (assault weapon) | }}
 
{{SCase1|R v Bunker, <br> [http://canlii.ca/t/2dbgc 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. }}
 
{{SCase1|R v Forsythe, <br>[http://canlii.ca/t/1dc9j 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.}}
 
{{SCase1|R v Cummings, <br> [http://canlii.ca/t/2dxg8 1993 CanLII 7789] (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.}}
 
{{SCase1|R v Walters, <br>[http://canlii.ca/t/1db0r 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.}}
 
{{SCase1|R v Roberts,<br>[http://canlii.ca/t/1d9kq 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.}}
 
{{SCaseEnd}}
 
==Section 88: Dangerous Purpose==
{{OffencesBoxMini|Possession of a Weapon for a Dangerous Purpose}}
 
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{{SCase1| R v Clarke, <br> [http://canlii.ca/t/ft8f9 2012 CanLII 60848] (NL PC) | 60 days (poss'n)<Br> 30 days (assault x 2)<Br> 30 days (breach x 2)| The offender was convicted of assaulting two persons and carrying a knife while he committed the two assaults.}}
 
{{SCase1| R v Sousa,<br>[http://canlii.ca/t/fnp8d 2011 ONSC 6463] (CanLII) | 2.5 years | handgun}}
 
{{SCase1| R v Ugodnikov,<br> [http://canlii.ca/t/20mzl 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.}}
 
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==Section 95: Possession of a Restricted/Prohibited Firearm==
 
{{SCaseHeader}}
{{SCase1|R v Dalton, <br> [http://canlii.ca/t/hpx49 2018 ONSC 544] (CanLII) | CSO and probation | {{SummaryPending}} [Garton SCJ]}}
 
{{SCase1|R v Hassan, <Br>[http://canlii.ca/t/h52m9 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. }}
 
{{SCase1|R v Nsiah, <br>[http://canlii.ca/t/gxbn0 2017 ONSC 769] (CanLII)|2.5 years | {{SummaryPending}} [Goldstein SCJ]}}
 
{{SCase1|R v Squires, <Br>[http://canlii.ca/t/h2z1j 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]}}
 
{{SCase1|R v Shunmoganathan, <Br>[http://canlii.ca/t/gt574 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. }}
 
{{SCase1|R. v. Sears,<Br> [http://canlii.ca/t/grx2j 2016 BCSC 965] (CanLII) | 19 month CSO | {{SummaryPending}} }}
 
{{SCase1|R v Rutledge, <Br> [http://canlii.ca/t/glsd0 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.  }}
 
{{SCase1|R v Browne, <br> [http://canlii.ca/t/g82pf 2014 ONSC 4217] (CanLII)| 3 years | {{SummaryPending}} }}
 
{{SCase1|R v Hector, <br> [http://canlii.ca/t/g6fdq 2014 ONSC 1970] (CanLII)| 6 years (global) | {{SummaryPending}} }}
 
{{SCase1|R v Nuttley, <Br>[http://canlii.ca/t/g2jsd 2013 ONCJ 727] (CanLII) | 13 months CSO | {{SummaryPending}} }}
 
{{SCase1|R v Charles, <br> [http://canlii.ca/t/g1t0w 2013 ONCA 681] (CanLII)| 7 years | {{SummaryPending}} }}
 
 
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==Section 90: Concealed Weapon==
{{OffencesBoxMini|Carrying a Concealed Weapon}}
 
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{{SCase1| R v Ramirez,<br> [http://canlii.ca/t/frxjx 2012 ABPC 176] (CanLII)| discharge | no record}}
 
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==Section 99, 100: Weapons Trafficking==
{{OffencesBoxMini|Weapons Trafficking}}
 
{{SCaseHeader}}
 
{{SCase1|R v Farah, <Br>[http://canlii.ca/t/gst61 2016 ONSC 5000] (CanLII)| 8 years | The offender was convicted of weapons trafficking and criminal organization. }}
 
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==Section 103: Importing Weapons ==
{{SCaseHeader}}
{{SCase1| R v Ross, <br>[http://canlii.ca/t/2blxq 2010 BCCA 314] (CanLII), [2010] BCJ 1394 (BCCA)| 5 years |Offender imported 4 firearms.}}
 
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==Possession of a Weapon Contrary to an Order (117.01)==
{{OffencesBoxMini|Possession of a Weapon Contrary to an Order}}
 
{{SCaseHeader}}
{{SCase1|R v Morrow, <br>[http://canlii.ca/t/fkvww 2011 BCCA 155] (CanLII) | 5 years | {{SummaryPending}} }}
 
{{SCase1|R v Charles, <br>[http://canlii.ca/t/2csz7 2010 ONSC 5437] (CanLII)| 5 months | {{SummaryPending}} }}
 
{{SCase1|R v Chan, <br>[http://canlii.ca/t/fpj3p 2011 NSSC 471] (CanLII)| 1 year | {{SummaryPending}} }}
 
{{SCase1|R v Moss, <br>[http://canlii.ca/t/1nnd3 2006 NLTD 98] (CanLII), [2006] NJ No 174 (SC)| 1 year| also charged w robbery (9 years); guilty plea }}
 
{{SCase1|R v Boutilier, <br>[http://canlii.ca/t/fsxd5 2006 NLTD 30] (CanLII), [2006] NJ No 42 (NLSC)| also convicted for other firearm offences (3 years)| 1 year}}
 
{{SCase1|R v Lavers <br>[http://canlii.ca/t/2dx1r 2010 NLCA 73] (CanLII), [2010] NJ No 390 (NLCA)| 2 months | {{SummaryPending}} }}
 
{{SCase1|R v Maddigan, <br>[http://canlii.ca/t/22xnj 2009 ONCA 269] (CanLII)| 12 months consecutive| connection to Hells Angels; also convicted of firearms offences (2 years)}}
 
{{SCase1|R v Clark,<br> [http://canlii.ca/t/21zwg 2008 ABPC 371] (CanLII)|  2 years | also convicted of drug trafficking (4 years)}}
 
{{SCase1|R v Barnett,<br> [http://canlii.ca/t/fp112 2011 BCPC 320] (CanLII)| 30 months| also convicted of trafficking (30 months)}}
 
{{SCaseEnd}}
 
==Discharging a Firearm (s. 244)==
{{OffencesBoxMini|Discharging a Firearm}}
 
{{SCaseHeader}}
 
{{SCase1|R v Cox, <Br>[http://canlii.ca/t/gm0m5 2015 ONCA 769] (CanLII)| 11 years | Discharged a firearm in the course of a robbery.}}
 
{{SCase1|R v Jefferson,<Br> [http://canlii.ca/t/g70zt 2014 ONCA 434] (CanLII) | 10 years | }}
 
{{SCase1|R v Derion,<br> [http://canlii.ca/t/g6n09 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.}}
 
{{SCase1|R v Halleran,<br>[http://canlii.ca/t/fwkvb 2013 CanLII 13309] (NL PC), [2013] NJ 120 (NLPC) | 7 years (discharge)<br> 7 years (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. }}
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[22]        In R. v. Foley, 2017 NLTD(G) 86, Handrigan, J. imposed a sentence of four years following conviction for aggravated assault (s. 268).  The injuries were stab wounds and the victim nearly died.  The offender had a prior criminal record.  At paragrpah 53, after reviewing several sentencing decisions which involved stabbings, Handrigan, J. commented that the “range of sentence for aggravated assault is two years to six years' imprisonment.”  The sentencing decisions reviewed by Handrigan, J. did not involve use of a firearm.  The range of sentence for an aggravated assault that involves discharge of a firearm is higher, with the low end at five years. 
 
[23]        In R. v. Bellissimo, [http://canlii.ca/t/225g6 2009 ONCA 49] (CanLII) the offender fired several shots inside a public restaurant, injuring two patrons.  The relevant sections of the Criminal Code are not referenced, but the facts have several similarities to those involving Mr. Marsh.  One may reasonably assume that the charges included aggravated assault (s. 268) and discharge of a firearm with intent to wound (s. 244).  The court stated that “the range of sentence for these kinds of serious gun-related offences is between seven and eleven years.”  I agree with the upper end of that range. 
 
[24]        In R. v. Walker-King, [http://canlii.ca/t/fm4pg 2011 ONSC 4307] (CanLII) 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. 
 
[25]        In R. v. Chan, [http://canlii.ca/t/fpj3p 2011 NSSC 471] (CanLII) 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. 
 
[26]        In R. v. Jones, [http://canlii.ca/t/fsqtm 2012 ONCA 609] (CanLII), 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).
 
[27]        In R. v. Ghebreigziabiher, [http://canlii.ca/t/fsz07 2012 ONSC 5384] (CanLII), 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.
 
[28]        In R. v. Alexander, [http://canlii.ca/t/fx059 2013 ONSC 171] (CanLII), the 29-year-old offender was sentenced to six years, 11 and one-half months for discharging a firearm, reckless disregard of a firearm, unlawful possession of a firearm and magazine, possession while prohibited, and two counts of breach of recognizance.
 
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==See Also==
* [[Firearms Offences (Sentencing Cases)]]
 
{{OffencesNavBox/Weapons}}

Latest revision as of 19:17, 14 May 2024

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