Weapons Offences (Sentencing Cases)

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Section 86: Careless Storage

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Section 87: Pointing a Firearm

Case Name	Prv.	Crt.	Sentence	Summary
R v Riggs, 2016 CanLII 89895 (NL SCTD), per Goodridge J	NL	SC	15 months imprisonment	The offender pointed a firearm at two persons
R v Nadon, 2016 ONSC 3518 (CanLII), per Kurke J	ON	SC	2 years imprisonment (pointing)
R v Huson, 2009 BCSC 1825 (CanLII), per Schultes J	BC	SC	15 months imprisonment	The offender pleaded guilty pointing a firearm, uttering threats, assault, and use of a firearm. He was 30 years old with a prior record.
R v GWO, [2009] O.J. No. 5926(*no CanLII links)	ON		13 months imprisonment
R v Tallon, 2003 CanLII 27268 (ON CA), per Rosenberg JA	ON	CA
R v Dumont, 2001 CanLII 24174 (ON CA), per Labrosse JA (2:1)	ON	CA	1 year CSO
R v LDM, 2001 NSCA 19 (CanLII), per Flinn JA	NS	CA	4 years imprisonment
R v Beardy, 2001 MBCA 34 (CanLII), per Huband JA	MB	CA	1 year imprisonment
R v Forrest, 2000 CanLII 5091 (ON CA), per curiam	ON	CA	18 years imprisonment
R v Johnsen, 1999 BCCA 577 (CanLII), per Ryan JA	BC	CA	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.
R v McLetchie, 1999 CanLII 2759 (ON CA), per curiam	ON	CA	20 months imprisonment (pointing)
R v Smith, 1999 CanLII 1544 (ON CA), per curiam	ON	CA	9 months imprisonment (pointing)	The offender pleaded guilty to pointing a firearm, assault causing bodily harm x 2, and assault x 3. The gun was not loaded.
R v Bedard, 1998 CanLII 4009 (ON CA), per Finlayson JA	ON	CA	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.
R v Smith, 1997 CanLII 832 (ON CA), per Rosenberg JA	ON	CA	2 years (pointing)
R v Heddle, 1997 CanLII 2998 (BC CA), per Southin JA	BC	CA	1 year (pointing)
R v Bruce (JUL), 1997 CanLII 16057 (NL SCTD), per Robert J	NL	SC	5 months + 3 yrs prob.	The offender plead guilty to assault with a weapon, pointing a firearm, asauslt and uttering threats. He attacked his common-law partner, which included hitting, kicking, pulling of hair, putting a knife to her throat, and then pointing a gun at her then threatening her. He was 48 years at the time and had numerous health problems.
R v Gale, 1996 CanLII 5295 (NS CA), per Bateman JA	NS	CA	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.
R v Senior, 1996 ABCA 71 (CanLII), per curiam	AB	CA	22 years (global)
R v Green, 1995 ABCA 77 (CanLII), per Cairns JA	AB	CA	9 months (pointing) 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.
R v Whalen, (1994), 1994 CanLII 10347 (NL SCTD), per Hickman CJ	NL	SC	9 months (assault weapon)
R v Bunker, 1994 ABCA 99 (CanLII), per curiam	AB	CA	3 years imprisonment	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.
R v Forsythe, 1994 CanLII 2492 (BC CA), per Hutcheon JA	BC	CA	4 years imprisonment	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.
R v Cummings, 1993 CanLII 7789 (NL CA), per Gushue JA	NL	CA	4 years (global) 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.
R v Walters, 1993 CanLII 1888 (BC CA), per Lambert JA	BC	CA	3 years (pointing)	The offender was convicted on pointing a firearm and aggravated assault. The offender was on a drug binge and pointed a sawed off .22 caliber gun at a person and demanded that the victim give him drugs. He was unaware if the gun was loaded or not. A struggle ensued. He had a record that included a weapons offence.
R v Roberts, 1992 CanLII 1316 (BC CA), per Taggart JA	BC	CA	3 months imprisonment	The offender plead guilty to pointing a firearm. He pointed an unloaded rifle at a bus driver two times. He had a prior conviction for cultivating marijuana. A 5 year weapons prohibition was ordered.

Section 88: Dangerous Purpose

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Section 95: Possession of a Restricted/Prohibited Firearm

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Section 90: Concealed Weapon

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Section 99, 100: Weapons Trafficking

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Section 103: Importing Weapons

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Possession of a Weapon Contrary to an Order (117.01)

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Discharging a Firearm (s. 244)

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See Also

• Firearms Offences (Sentencing Cases)