Weapons Offences (Sentencing Cases): Difference between revisions

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 {{SCase1|''R v Dumont'', <br> [http://canlii.ca/t/1fbn4 2001 CanLII 24174] (ON CA){{perONCA|Labrosse JA}} (2:1) | 1 year CSO | }}
-{{SCase1|''R v LDM'', <br> [http://canlii.ca/t/1xcpg 2001 NSCA 19] (CanLII){{perNSCA|Flinn JA}} | 4 years | }}
+{{SCase1|''R v LDM'', <br> [http://canlii.ca/t/1xcpg 2001 NSCA 19] (CanLII){{perNSCA|Flinn JA}} | {{JailY|}} | }}
 {{SCase1|''R v Beardy'', <br> [http://canlii.ca/t/1fl78 2001 MBCA 34] (CanLII){{perMBCA|Huband JA}} | 1 year | }}
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 {{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){{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 Bunker'', <br> [http://canlii.ca/t/2dbgc 1994 ABCA 99] (CanLII){{TheCourtABCA}} | {{JailY|}} | 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}} | {{JailY|}} | 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|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.}}
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 {{SCase1|''R v Rutledge'', <Br> [http://canlii.ca/t/glsd0 2015 ONSC 6625] (CanLII){{perONSC|Wien J}}| 18 months and Probation | The offender was convicted at trial for possessing three prohibited handguns and careless storage of several long-guns and ammunition. His son and step-son were involved in drug dealing, which he facilitated by letting them use his farm property. He was found responsible on a standard of wilful blindness. He was 56 years old.  }}
-{{SCase1|''R v Browne'', <br> [http://canlii.ca/t/g82pf 2014 ONSC 4217] (CanLII){{perONSC|Campbell J}}| 3 years | {{SummaryPending}} }}
+{{SCase1|''R v Browne'', <br> [http://canlii.ca/t/g82pf 2014 ONSC 4217] (CanLII){{perONSC|Campbell J}}| {{JailY|}} | {{SummaryPending}} }}
 {{SCase1|''R v Hector'', <br> [http://canlii.ca/t/g6fdq 2014 ONSC 1970] (CanLII){{perONSC|MacDonnell J}}| 6 years (global) | {{SummaryPending}} }}
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 {{SCase1|''R v Nuttley'', <Br>[http://canlii.ca/t/g2jsd 2013 ONCJ 727] (CanLII){{perONCJ|Brown J}} | 13 months CSO | {{SummaryPending}} }}
-{{SCase1|''R v Charles'', <br> [http://canlii.ca/t/g1t0w 2013 ONCA 681] (CanLII){{perONCA|Cronk JA}}| 7 years | {{SummaryPending}} }}
+{{SCase1|''R v Charles'', <br> [http://canlii.ca/t/g1t0w 2013 ONCA 681] (CanLII){{perONCA|Cronk JA}}| {{JailY|}} | {{SummaryPending}} }}
 {{SCaseEnd}}
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 {{SCaseHeader}}
-{{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. }}
+{{SCase1|''R v Farah'', <Br>[http://canlii.ca/t/gst61 2016 ONSC 5000] (CanLII){{perONSC|Campbell J}}| {{JailY|}} | The offender was convicted of weapons trafficking and criminal organization. }}
 {{SCaseEnd}}
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 ==Section 103: Importing Weapons ==
 {{SCaseHeader}}
-{{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.}}
+{{SCase1| ''R v Ross'', <br>[http://canlii.ca/t/2blxq 2010 BCCA 314] (CanLII), [2010] BCJ 1394 (BCCA){{perBCCA|Bennett JA}}| {{JailY|}} |Offender imported 4 firearms.}}
 {{SCaseEnd}}
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 {{SCaseHeader}}
-{{SCase1|''R v Morrow'', <br>[http://canlii.ca/t/fkvww 2011 BCCA 155] (CanLII){{perBCCA|Neilson JA}} | 5 years | {{SummaryPending}} }}
+{{SCase1|''R v Morrow'', <br>[http://canlii.ca/t/fkvww 2011 BCCA 155] (CanLII){{perBCCA|Neilson JA}} | {{JailY|}} | {{SummaryPending}} }}
 {{SCase1|''R v Charles'', <br>[http://canlii.ca/t/2csz7 2010 ONSC 5437] (CanLII){{perONSC|Backhouse J}}| {{JailM|5}} | {{SummaryPending}} }}
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 {{SCase1|''R v Jefferson'',<Br> [http://canlii.ca/t/g70zt 2014 ONCA 434] (CanLII){{TheCourtONCA}} | {{JailY|10}} | }}
-{{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}} | {{JailY|}} | 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|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. }}

Revision as of 11:20, 13 April 2020

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