Weapons Offences (Sentencing Cases): Difference between revisions

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{{SCase1|R v Yang, <Br> [http://canlii.ca/t/hv65c 2018 ONCA 230] (CanLII){{TheCourt}} | Suspended Sentence <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. }}
{{SCase1|R v Yang, <Br> [http://canlii.ca/t/hv65c 2018 ONCA 230] (CanLII){{TheCourt}} | Suspended Sentence <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. }}


{{SCase1|R v Grice,<br> [http://canlii.ca/t/212rg 2008 ONCJ 476] (CanLII){{perONCJ|}} | $500 fine | Someone found accused was videotaping ex-wife in shower, found carelessly stored .22 cal rifle.}}
{{SCase1|R v Grice,<br> [http://canlii.ca/t/212rg 2008 ONCJ 476] (CanLII){{perONCJ|Puglsey J}} | $500 fine | Someone 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){{perABPC|}} | 12 months / 4 years (global) | had a shotgun, brass knuckles and stolen property}}
{{SCase1|R v Davis, <br>[http://canlii.ca/t/fwx3t 2013 ABPC 69] (CanLII){{perABPC|Lamoureux J}} | 12 months / 4 years (global) | had a shotgun, brass knuckles and stolen property}}


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{{SCase1|R v Riggs, <Br>[http://canlii.ca/t/gwl6x 2016 CanLII 89895] (NL SCTD){{perNLSC|}} | 15 months | The offender pointed a firearm at two persons }}
{{SCase1|R v Riggs, <Br>[http://canlii.ca/t/gwl6x 2016 CanLII 89895] (NL SCTD){{perNLSC|Goodridge J}} | 15 months | The offender pointed a firearm at two persons }}


{{SCase1|R v Nadon, <br> [http://canlii.ca/t/grw07 2016 ONSC 3518] (CanLII){{perONSC|}} | 2 years (pointing) | }}
{{SCase1|R v Nadon, <br> [http://canlii.ca/t/grw07 2016 ONSC 3518] (CanLII){{perONSC|Kurke J}} | 2 years (pointing) | }}


{{SCase1|R v Huson, <Br> [http://canlii.ca/t/27jkf 2009 BCSC 1825] (CanLII){{perBCSC|}} | 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 Huson, <Br> [http://canlii.ca/t/27jkf 2009 BCSC 1825] (CanLII){{perBCSC|Schultes J}} | 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 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){{perONCA|}}| | }}
{{SCase1|R v Tallon, <br> [http://canlii.ca/t/1g2sh 2003 CanLII 27268] (ON CA){{perONCA|Rosenberg JA}}| | }}


{{SCase1|R v Dumont, <br> [http://canlii.ca/t/1fbn4 2001 CanLII 24174] (ON CA){{perONCA|}} | 1 year CSO | }}
{{SCase1|R v Dumont, <br> [http://canlii.ca/t/1fbn4 2001 CanLII 24174] (ON CA){{perONCA|Labrosse JA}} (2:1) | 1 year CSO | }}


{{SCase1|R v L.D.M., <br> [http://canlii.ca/t/1xcpg 2001 NSCA 19] (CanLII){{perNSCA|}} | 4 years | }}
{{SCase1|R v L.D.M., <br> [http://canlii.ca/t/1xcpg 2001 NSCA 19] (CanLII){{perNSCA|Flinn JA}} | 4 years | }}


{{SCase1|R v Beardy, <br> [http://canlii.ca/t/1fl78 2001 MBCA 34] (CanLII){{perMBCA|}} | 1 year | }}
{{SCase1|R v Beardy, <br> [http://canlii.ca/t/1fl78 2001 MBCA 34] (CanLII){{perMBCA|Huband JA}} | 1 year | }}


{{SCase1|R v Forrest, <br> [http://canlii.ca/t/1fb1z 2000 CanLII 5091] (ON CA){{perONCA|}} | 18 years | }}
{{SCase1|R v Forrest, <br> [http://canlii.ca/t/1fb1z 2000 CanLII 5091] (ON CA){{TheCourt}} | 18 years | }}


{{SCase1|R v Johnsen, <br> [http://canlii.ca/t/52hl 1999 BCCA 577] (CanLII){{perBCCA|}} | 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 Johnsen, <br> [http://canlii.ca/t/52hl 1999 BCCA 577] (CanLII){{perBCCA|Ryan JA}} | 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){{perONCA|}} | 20 months (pointing)| }}
{{SCase1|R v McLetchie, <br> [http://canlii.ca/t/1f9n0 1999 CanLII 2759] (ON CA){{TheCourt}} | 20 months (pointing)| }}


{{SCase1|R v Smith, <br> [http://canlii.ca/t/1f9mc 1999 CanLII 1544] (ON CA){{perONCA|}} | 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 Smith, <br> [http://canlii.ca/t/1f9mc 1999 CanLII 1544] (ON CA){{TheCourt}} | 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){{perONCA|}} | 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 Bedard, <br> [http://canlii.ca/t/6gxx 1998 CanLII 4009] (ON CA){{perONCA|Finlayson JA}} | 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){{perONCA|}} | 2 years (pointing) | }}
{{SCase1|R v Smith, [http://canlii.ca/t/6hnz 1997 CanLII 832] (ON CA){{perONCA|}} | 2 years (pointing) | }}

Revision as of 10:50, 28 November 2018

Section 86: Careless Storage

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Section 87: Pointing a Firearm

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Section 88: Dangerous Purpose

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Section 95: Possession of a Restricted/Prohibited Firearm

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Section 90: Concealed Weapon

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Section 99, 100: Weapons Trafficking

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Section 103: Importing Weapons

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Possession of a Weapon Contrary to an Order (117.01)

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Discharging a Firearm (s. 244)

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See Also