Weapons and Firearms Offences (Sentencing Cases): Difference between revisions
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{{SCase1|''R v Horsley'',<br> [http://canlii.ca/t/fz34c 2013 ONCJ 310] (CanLII){{perONCJ|Bhabha J}} | 5.5 years |offender possessed one handgun with serial number removed and a "zip" gun.}} | {{SCase1|''R v Horsley'',<br> [http://canlii.ca/t/fz34c 2013 ONCJ 310] (CanLII){{perONCJ|Bhabha J}} | 5.5 years |offender possessed one handgun with serial number removed and a "zip" gun.}} | ||
{{SCase1|''R v Duhamel'', <br>[http://canlii.ca/t/fwd1j 2013 ONSC 1340] (CanLII){{perONSC|KL Campbell J}} | {{JailY|}} | Offender in possession of loaded handgun with serial number removed as well as 120+ gram of cocaine}} | {{SCase1|''R v Duhamel'', <br>[http://canlii.ca/t/fwd1j 2013 ONSC 1340] (CanLII){{perONSC|KL Campbell J}} | {{JailY|7}} | Offender in possession of loaded handgun with serial number removed as well as 120+ gram of cocaine}} | ||
{{SCase1| ''R v Wong''<br> [http://canlii.ca/t/ftp4w 2012 ONCA 767] (CanLII){{TheCourtONCA}} | 3 years| drugs and guns}} | {{SCase1| ''R v Wong''<br> [http://canlii.ca/t/ftp4w 2012 ONCA 767] (CanLII){{TheCourtONCA}} | 3 years| drugs and guns}} | ||
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{{SCase1|''R v Smickle'',<br>[http://canlii.ca/t/g2r8f 2014 ONCA 49] (CanLII){{TheCourtONCA}} | 12 months | Offender already served a 5 month CSO. Trial judge invalidated the 3 year minimum. Offender was taking pictures of himself at home holding the gun when police came in and saw him.}} | {{SCase1|''R v Smickle'',<br>[http://canlii.ca/t/g2r8f 2014 ONCA 49] (CanLII){{TheCourtONCA}} | 12 months | Offender already served a 5 month CSO. Trial judge invalidated the 3 year minimum. Offender was taking pictures of himself at home holding the gun when police came in and saw him.}} | ||
{{SCase1| ''R v Johnsrud'',<br> [http://canlii.ca/t/ftmdz 2012 ABPC 298] (CanLII){{perABPC| Gaschler J}} | {{JailY|}} | offender pointed unloaded firearm at victim and pulled trigger}} | {{SCase1| ''R v Johnsrud'',<br> [http://canlii.ca/t/ftmdz 2012 ABPC 298] (CanLII){{perABPC| Gaschler J}} | {{JailY|5}} | offender pointed unloaded firearm at victim and pulled trigger}} | ||
{{SCase1| ''R v Choken'',<br> [http://canlii.ca/t/fsbp9 2012 MBPC 44] (CanLII){{perMBPC|MJ Smith J}} | {{JailY|}} | offender was 19 years old connected to a biker gang, also convicted of drug traffficking}} | {{SCase1| ''R v Choken'',<br> [http://canlii.ca/t/fsbp9 2012 MBPC 44] (CanLII){{perMBPC|MJ Smith J}} | {{JailY|5}} | offender was 19 years old connected to a biker gang, also convicted of drug traffficking}} | ||
{{SCase1| ''R v Frohock'',<br> [http://canlii.ca/t/23vgp 2009 BCCA 227] (CanLII){{perBCCA|Finch CJ}} | 6 years 8 months after 14 mo remand | found with a loaded sawed-off shotgun; 45-year-old with an extensive record.}} | {{SCase1| ''R v Frohock'',<br> [http://canlii.ca/t/23vgp 2009 BCCA 227] (CanLII){{perBCCA|Finch CJ}} | 6 years 8 months after 14 mo remand | found with a loaded sawed-off shotgun; 45-year-old with an extensive record.}} | ||
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{{SCase1| ''R v Cross'',<br> [http://canlii.ca/t/1pmfc 2006 CanLII 33193] (ON C.A.){{TheCourt}} | 2 years less a day | 19-year-old;limited record; .45 calibre handgun concealed in the waistband of the offenders' pants.}} | {{SCase1| ''R v Cross'',<br> [http://canlii.ca/t/1pmfc 2006 CanLII 33193] (ON C.A.){{TheCourt}} | 2 years less a day | 19-year-old;limited record; .45 calibre handgun concealed in the waistband of the offenders' pants.}} | ||
{{SCase1| ''R v Smith'',<br>[http://canlii.ca/t/1p11l 2006 NSCA 95] (CanLII){{perNSCA|Saunders JA}}| {{JailY|}} | 9mm handgun outside a bedroom; 39 year old with a significant drug addiction; 49 prior convictions}} | {{SCase1| ''R v Smith'',<br>[http://canlii.ca/t/1p11l 2006 NSCA 95] (CanLII){{perNSCA|Saunders JA}}| {{JailY|2}} | 9mm handgun outside a bedroom; 39 year old with a significant drug addiction; 49 prior convictions}} | ||
{{SCase1| ''R v Syed'',<br> [http://canlii.ca/t/1jvmq 2005 CanLII 4773] (ON C.A.){{TheCourt}} | 2 years less a day | numerous loaded weapons, 590 grams of marijuana}} | {{SCase1| ''R v Syed'',<br> [http://canlii.ca/t/1jvmq 2005 CanLII 4773] (ON C.A.){{TheCourt}} | 2 years less a day | numerous loaded weapons, 590 grams of marijuana}} | ||
Revision as of 16:53, 13 April 2020
- < 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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