Weapons Offences (Sentencing Cases): Difference between revisions
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{{SCase1|R v Bruce (JUL), <br> [http://canlii.ca/t/fwvw6 1997 CanLII 16057] (NL SCTD){{perNLSC|}} | 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 Bruce (JUL), <br> [http://canlii.ca/t/fwvw6 1997 CanLII 16057] (NL SCTD){{perNLSC|}} | 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){{perNSCA|}} | 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 Gale, <br> [http://canlii.ca/t/1mmzz 1996 CanLII 5295] (NS CA){{perNSCA|Bateman JA}} | 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){{ | {{SCase1|R v Senior, <br> [http://canlii.ca/t/2ddb8 1996 ABCA 71] (CanLII){{TheCourt}} | 22 years (global) | }} | ||
{{SCase1|R v Green, <br> [http://canlii.ca/t/2dc2q 1995 ABCA 77] (CanLII){{perABCA|}} | 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 Green, <br> [http://canlii.ca/t/2dc2q 1995 ABCA 77] (CanLII){{perABCA|Cairns JA}} | 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){{perNLSC|}} | 9 months (assault weapon) | }} | {{SCase1|R v Whalen, <br>(1994), [http://canlii.ca/t/g08nn 1994 CanLII 10347] (NL SCTD){{perNLSC|Hickman CJ}} | 9 months (assault weapon) | }} | ||
{{SCase1|R v Bunker, <br> [http://canlii.ca/t/2dbgc 1994 ABCA 99] (CanLII){{perABCA|}} | 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 Bunker, <br> [http://canlii.ca/t/2dbgc 1994 ABCA 99] (CanLII){{perABCA|TheCourt}} | 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){{perBCCA|}} | 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 Forsythe, <br>[http://canlii.ca/t/1dc9j 1994 CanLII 2492] (BC CA){{perBCCA|Hutcheon JA}} | 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){{perNLCA|}} | 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 Cummings, <br> [http://canlii.ca/t/2dxg8 1993 CanLII 7789] (NL CA){{perNLCA|Gushue JA}} | 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){{perBCCA|}} | 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 Walters, <br>[http://canlii.ca/t/1db0r 1993 CanLII 1888] (BC CA){{perBCCA|Lambert JA}} | 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){{perBCCA|}} | 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.}} | {{SCase1|R v Roberts,<br>[http://canlii.ca/t/1d9kq 1992 CanLII 1316] (BC CA){{perBCCA|Taggart JA}} | 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.}} | ||
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{{SCase1| R v Ramirez,<br> [http://canlii.ca/t/frxjx 2012 ABPC 176] (CanLII){{perABPC|}}| discharge | no record}} | {{SCase1| R v Ramirez,<br> [http://canlii.ca/t/frxjx 2012 ABPC 176] (CanLII){{perABPC|Fradsham J}}| discharge | no record}} | ||
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{{SCase1|R v Farah, <Br>[http://canlii.ca/t/gst61 2016 ONSC 5000] (CanLII){{perONSC|}}| 8 years | The offender was convicted of weapons trafficking and criminal organization. }} | {{SCase1|R v Farah, <Br>[http://canlii.ca/t/gst61 2016 ONSC 5000] (CanLII){{perONSC|Campbell J}}| 8 years | The offender was convicted of weapons trafficking and criminal organization. }} | ||
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==Section 103: Importing Weapons == | ==Section 103: Importing Weapons == | ||
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{{SCase1| R v Ross, <br>[http://canlii.ca/t/2blxq 2010 BCCA 314] (CanLII), [2010] BCJ 1394 (BCCA){{perBCCA|}}| 5 years |Offender imported 4 firearms.}} | {{SCase1| R v Ross, <br>[http://canlii.ca/t/2blxq 2010 BCCA 314] (CanLII), [2010] BCJ 1394 (BCCA){{perBCCA|Bennett JA}}| 5 years |Offender imported 4 firearms.}} | ||
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Revision as of 13:34, 28 November 2018
- < Sentencing
- < Cases
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
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