Weapons and Firearms Offences (Sentencing Cases): Difference between revisions
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{{SCase1|''R v Clayton'', <br>[http://canlii.ca/t/g2r9j 2014 ABCA 27] (CanLII){{ | {{SCase1|''R v Clayton'', <br>[http://canlii.ca/t/g2r9j 2014 ABCA 27] (CanLII){{TheCourtABCA}} | 11 years | pointed firearm at 6 people. Held person hostage with a firearm.}} | ||
{{SCase1| ''R v Sousa'', <br> [http://canlii.ca/t/fnp8d 2011 ONSC 6463] (CanLII){{perONSC| MacDonnell J}}| 12 months |}} | {{SCase1| ''R v Sousa'', <br> [http://canlii.ca/t/fnp8d 2011 ONSC 6463] (CanLII){{perONSC| MacDonnell J}}| 12 months |}} | ||
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{{SCase1|''R v Shomonov'', <br> [http://canlii.ca/t/gs3s2 2016 ONSC 4015] (CanLII){{perONSC|McCombs J}} | 21 months | The Police responded to a 911 call which leads them to the offender who was in the hospital where he was being treated for accidentally shooting himself. Search of his place revealed that he was a drug dealer. The judge ordered forfeiture of the gun, s. 109 prohibition and DNA Order. Per McCombs J. [post-dates striking down s. 95] }} | {{SCase1|''R v Shomonov'', <br> [http://canlii.ca/t/gs3s2 2016 ONSC 4015] (CanLII){{perONSC|McCombs J}} | 21 months | The Police responded to a 911 call which leads them to the offender who was in the hospital where he was being treated for accidentally shooting himself. Search of his place revealed that he was a drug dealer. The judge ordered forfeiture of the gun, s. 109 prohibition and DNA Order. Per McCombs J. [post-dates striking down s. 95] }} | ||
{{SCase1|''R v Aubichon'', <br>[http://canlii.ca/t/gk3sm 2015 ABCA 242] (CanLII){{ | {{SCase1|''R v Aubichon'', <br>[http://canlii.ca/t/gk3sm 2015 ABCA 242] (CanLII){{TheCourtABCA}}| 7.5 years| }} | ||
{{SCase1|''R v Yalahow'', <br> [http://canlii.ca/t/ggt6s 2015 ABCA 116] (CanLII){{perABCA|Picard JA}}| 3 years (firearm)<br>3.5 years (trafficking drugs) <br>6 years, 8 months (global)| }} | {{SCase1|''R v Yalahow'', <br> [http://canlii.ca/t/ggt6s 2015 ABCA 116] (CanLII){{perABCA|Picard JA}}| 3 years (firearm)<br>3.5 years (trafficking drugs) <br>6 years, 8 months (global)| }} | ||
Revision as of 21:43, 16 January 2019
- < Sentencing
- < Cases
General
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Section 87: Pointing a Firearm
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Section 91: Unauthorized Possession of Firearm
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Template:SCaseHeader Template:SCase1
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Section 92: Possession of Unauthorized Firearm
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| Case Name | Prv. | Crt. | Sentence | Summary |
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| R v Adan, 2016 ONSC 6763 (CanLII), per Corrick J |
ON | SC | 21 months custody | The offender pleaded guilty to s. 92(1), 110, and 117.1(1). He was in a vehicle that was shot at. When police responded they found the offender and a friend had tried to dispose of a loaded gun. There was no proof that the offender knew it was loaded. The offender was 28 years old with a record of violence. The judge also ordered a s. 109 Order for 10 years. |
| R v Holmes 2013 ONSC 302 (CanLII), per Farfett J |
ON | SC | 12 months (firearms) 2 years (all others) |
The offender was convicted poss'n of wpn, carrying a concealed weapon (pepper spray), poss'n of firearm while prohibited, resist arrest, dangerous driving, driving over 80, poss'n stolen prpty under $5k, and theft prpt under $5k. He was 25 years of age, has a problem with alcohol. He had a lengthy record of offences as a youth. |
Section 95: Possession of a Restricted or Prohibited Firearm
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