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){{perONCA|}}| ''See above'' | ''See above''}}
+{{SCase1|R v Yang, <Br> [http://canlii.ca/t/hv65c 2018 ONCA 230] (CanLII){{TheCourt}}| ''See above'' | ''See above''}}
-{{SCase1|R v Cox, <Br>[http://canlii.ca/t/gm0m5 2015 ONCA 769] (CanLII){{perONCA|}}| 11 years | Discharged a firearm in the course of a robbery.}}
+{{SCase1|R v Cox, <Br>[http://canlii.ca/t/gm0m5 2015 ONCA 769] (CanLII){{TheCourt}}| 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){{perONCA|}} | 10 years | }}
+{{SCase1|R v Jefferson,<Br> [http://canlii.ca/t/g70zt 2014 ONCA 434] (CanLII){{TheCourt}} | 10 years | }}
-{{SCase1|R v Derion,<br> [http://canlii.ca/t/g6n09 2013 BCPC 381] (CanLII){{perBCPC|}} | 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 Derion,<br> [http://canlii.ca/t/g6n09 2013 BCPC 381] (CanLII){{perBCPC|Giardini J}} | 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){{perNLPC|}} | 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. }}
+{{SCase1|R v Halleran,<br>[http://canlii.ca/t/fwkvb 2013 CanLII 13309] (NL PC), [2013] NJ 120 (NLPC){{perNLPC|Marshall J}} | 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. }}
-{{SCase1|R v Bellissimo, <Br>[http://canlii.ca/t/225g6 2009 ONCA 49] (CanLII){{perONCA|}} | | 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.}}
+{{SCase1|R v Ghebreigziabiher, [http://canlii.ca/t/fsz07 2012 ONSC 5384] (CanLII){{perONSC|Kelly J}} |{{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. "}}
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+{{SCase1|R v Jones, [http://canlii.ca/t/fsqtm 2012 ONCA 609] (CanLII){{TheCourt}} |  {{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). "}}
-{{SCase1|R v Foley, <Br>2017 NLTD(G) 86 (CanLII){{perNLSC|}} | 4 years | The offender was convicted of aggravated assault for stabbing the victim. The victim nearly died. The offender had a prior record. [per Handrigan, J.] }}
+{{SCase1|R. v. Chan, [http://canlii.ca/t/fpj3p 2011 NSSC 471] (CanLII){{perNSSC|Wright J}}  | {{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."}}
-{{SCase1|
+{{SCase1|R v Walker-King,<Br> [http://canlii.ca/t/fm4pg 2011 ONSC 4307] (CanLII){{perONSC|Thorburn J}} | {{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."}}
-[24]         In R. v. Walker-King, [http://canlii.ca/t/fm4pg 2011 ONSC 4307] (CanLII){{perONSC|}} 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.
-{{SCase1|
+{{SCase1|R v Bellissimo, <Br>[http://canlii.ca/t/225g6 2009 ONCA 49] (CanLII){{TheCourt}} | | 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.}}
-[25]         In R. v. Chan, [http://canlii.ca/t/fpj3p 2011 NSSC 471] (CanLII){{perNSSC|}} 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.
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-[26]         In R. v. Jones, [http://canlii.ca/t/fsqtm 2012 ONCA 609] (CanLII){{perONCA|}}, 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).
-{{SCase1|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.
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Revision as of 13:30, 28 November 2018

Section 86: Careless Storage

Section 87: Pointing a Firearm

Section 88: Dangerous Purpose

Section 95: Possession of a Restricted/Prohibited Firearm

Section 90: Concealed Weapon

Section 99, 100: Weapons Trafficking

Section 103: Importing Weapons

Possession of a Weapon Contrary to an Order (117.01)

Discharging a Firearm (s. 244)

See Also