Weapons and Firearms Offences (Sentencing Cases)

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General

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Section 87: Pointing a Firearm

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Section 91: Unauthorized Possession of Firearm

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Section 92: Possession of Unauthorized Firearm

Case Name	Prv.	Crt.	Sentence	Summary
R v Adan, 2016 ONSC 6763 (CanLII), per Corrick J	ON	SC	21 months imprisonment	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 imprisonment (firearms) 2 years imprisonment(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

Case Name	Prv.	Crt.	Sentence	Summary
R v Skinner, 2016 NSCA 54 (CanLII), per Saunders JA	NS	CA	6.5 years imprisonment
R v Shomonov, 2016 ONSC 4015 (CanLII), per McCombs J	ON	SC	21 months imprisonment	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 minimum]
R v Aubichon, 2015 ABCA 242 (CanLII), per curiam	AB	CA	7.5 years imprisonment
R v Yalahow, 2015 ABCA 116 (CanLII), per Picard JA	AB	CA	3 years imprisonment (firearm) 3.5 years (trafficking drugs) 6 years, 8 months (global)
R v Ongaro, 2014 BCPC 118 (CanLII), per Hoy J	BC	PC	$2500 fine, 10y Prohib	American citizen passing through Canada with his family were searched at the border and found with unlicenced handgun.
R v Jefferson, 2014 ONCA 434 (CanLII), per curiam	ON	CA	10 years imprisonment	Offender convicted at trial of discharging firearm, possession of a firearm while prohibited, and four counts of breach of probation. The offender's "crime and his circumstances put him at the upper range of the existing range"
R v Smickle, 2014 ONCA 49 (CanLII), per curiam	ON	CA	12 months imprisonment	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.
R v Johnsrud, 2012 ABPC 298 (CanLII), per Gaschler J	AB	PC	5 years imprisonment	offender pointed unloaded firearm at victim and pulled trigger
R v Choken, 2012 MBPC 44 (CanLII), per MJ Smith J	MB	PC	5 years imprisonment	offender was 19 years old connected to a biker gang, also convicted of drug traffficking
R v Frohock, 2009 BCCA 227 (CanLII), per Finch CJ	BC	CA	6 years 8 months after 14 mo remand	found with a loaded sawed-off shotgun; 45-year-old with an extensive record.
R v Dickson, 2007 ABCA 322 (CanLII), per Acton J	AB	CA	25.5 months imprisonment	sawed-off shotgun
R v Cross, 2006 CanLII 33193 (ON C.A.), per curiam	ON	CA	2 years less a day	19-year-old;limited record; .45 calibre handgun concealed in the waistband of the offenders' pants.
R v Smith, 2006 NSCA 95 (CanLII), per Saunders JA	NS	CA	2 years imprisonment	9mm handgun outside a bedroom; 39 year old with a significant drug addiction; 49 prior convictions
R v Syed, 2005 CanLII 4773 (ON C.A.), per curiam	ON	CA	2 years less a day	numerous loaded weapons, 590 grams of marijuana
R v Morin (1993), 1993 CanLII 2711 (BC CA), BCJ No. 1477, per Taylor JA	BC	CA	4 months imprisonment	Canadian citizen stopped at border. The search revealed 6 unlicensed guns. The offender was a gun collector.

See Also

• Weapons Offences (Sentencing Cases)