Weapons Offences (Sentencing Cases): Difference between revisions
m Text replacement - "(R v [A-Z][a-z]+-[A-Z][a-z]+)," to "''$1''," |
No edit summary |
||
| Line 34: | Line 34: | ||
{{SCase1|''R v Beardy'', <br> [http://canlii.ca/t/1fl78 2001 MBCA 34] (CanLII){{perMBCA|Huband JA}} | 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){{ | {{SCase1|''R v Forrest'', <br> [http://canlii.ca/t/1fb1z 2000 CanLII 5091] (ON CA){{TheCourtONCA}} | 18 years | }} | ||
{{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 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){{ | {{SCase1|''R v McLetchie'', <br> [http://canlii.ca/t/1f9n0 1999 CanLII 2759] (ON CA){{TheCourtONCA}} | 20 months (pointing)| }} | ||
{{SCase1|''R v Smith'', <br> [http://canlii.ca/t/1f9mc 1999 CanLII 1544] (ON CA){{ | {{SCase1|''R v Smith'', <br> [http://canlii.ca/t/1f9mc 1999 CanLII 1544] (ON CA){{TheCourtONCA}} | 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|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 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. }} | ||
| Line 52: | Line 52: | ||
{{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 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){{TheCourtABCA}} | 22 years (global) | }} | ||
{{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 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.}} | ||
| Line 58: | Line 58: | ||
{{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 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){{ | {{SCase1|''R v Bunker'', <br> [http://canlii.ca/t/2dbgc 1994 ABCA 99] (CanLII){{TheCourtABCA}} | 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|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 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.}} | ||
| Line 150: | Line 150: | ||
{{SCase1|R v Lavers <br>[http://canlii.ca/t/2dx1r 2010 NLCA 73] (CanLII), [2010] NJ No 390 (NLCA){{perNLCA|Welsh JA}}| 2 months | {{SummaryPending}} }} | {{SCase1|R v Lavers <br>[http://canlii.ca/t/2dx1r 2010 NLCA 73] (CanLII), [2010] NJ No 390 (NLCA){{perNLCA|Welsh JA}}| 2 months | {{SummaryPending}} }} | ||
{{SCase1|''R v Maddigan'', <br>[http://canlii.ca/t/22xnj 2009 ONCA 269] (CanLII){{ | {{SCase1|''R v Maddigan'', <br>[http://canlii.ca/t/22xnj 2009 ONCA 269] (CanLII){{TheCourtONCA}}| 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){{perABPC|Dunnigan J}}| 2 years | also convicted of drug trafficking (4 years)}} | {{SCase1|''R v Clark'',<br> [http://canlii.ca/t/21zwg 2008 ABPC 371] (CanLII){{perABPC|Dunnigan J}}| 2 years | also convicted of drug trafficking (4 years)}} | ||
| Line 163: | Line 163: | ||
{{SCaseHeader}} | {{SCaseHeader}} | ||
{{SCase1|''R v Yang'', <Br> [http://canlii.ca/t/hv65c 2018 ONCA 230] (CanLII){{ | {{SCase1|''R v Yang'', <Br> [http://canlii.ca/t/hv65c 2018 ONCA 230] (CanLII){{TheCourtONCA}}| ''See above'' | ''See above''}} | ||
{{SCase1|''R v Cox'', <Br>[http://canlii.ca/t/gm0m5 2015 ONCA 769] (CanLII){{ | {{SCase1|''R v Cox'', <Br>[http://canlii.ca/t/gm0m5 2015 ONCA 769] (CanLII){{TheCourtONCA}}| 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){{ | {{SCase1|''R v Jefferson'',<Br> [http://canlii.ca/t/g70zt 2014 ONCA 434] (CanLII){{TheCourtONCA}} | 10 years | }} | ||
{{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 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.}} | ||
| Line 175: | Line 175: | ||
{{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. "}} | {{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. "}} | ||
{{SCase1|''R v Jones'', [http://canlii.ca/t/fsqtm 2012 ONCA 609] (CanLII){{ | {{SCase1|''R v Jones'', [http://canlii.ca/t/fsqtm 2012 ONCA 609] (CanLII){{TheCourtONCA}} | {{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 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."}} | ||
| Line 181: | Line 181: | ||
{{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){{ | {{SCase1|''R v Bellissimo'', <Br>[http://canlii.ca/t/225g6 2009 ONCA 49] (CanLII){{TheCourtONCA}} | | 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.}} | ||
{{SCaseEnd}} | {{SCaseEnd}} | ||
Revision as of 20:49, 16 January 2019
- < Sentencing
- < Cases
Section 86: Careless Storage
| ||||||||
|}
Section 87: Pointing a Firearm
|}
Section 88: Dangerous Purpose
| ||||||||
|}
Section 95: Possession of a Restricted/Prohibited Firearm
Template:SCaseHeader Template:SCase1
|}
Section 90: Concealed Weapon
| ||||||||
|}
Section 99, 100: Weapons Trafficking
| ||||||||
|}
Section 103: Importing Weapons
Template:SCaseHeader Template:SCase1
|}
Possession of a Weapon Contrary to an Order (117.01)
| ||||||||
Template:SCaseHeader Template:SCase1
|}
Discharging a Firearm (s. 244)
| ||||||||
|}
See Also
| |||||