Weapons Offences (Sentencing Cases): Difference between revisions
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{{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|''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|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."}} | {{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."}} | ||
{{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.}} | {{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.}} | ||
Revision as of 13:41, 13 January 2019
- < 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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