Weapons and Firearms Offences (Sentencing Cases): Difference between revisions

From Criminal Law Notebook
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{{SCase1|R v Clayton, <br>[http://canlii.ca/t/g2r9j 2014 ABCA 27] (CanLII){{TheCourt}} | 11 years | pointed firearm at 6 people. Held person hostage with a firearm.}}
{{SCase1|R v Clayton, <br>[http://canlii.ca/t/g2r9j 2014 ABCA 27] (CanLII){{TheCourt}} | 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  
{{SCase1| R v Sousa, <br> [http://canlii.ca/t/fnp8d 2011 ONSC 6463] (CanLII){{perONSC| MacDonnell  J}}| 12 months |}}
  J}}| 12 months |}}


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==Section 91: Unauthorized Possession of Firearm==
==Section 91: Unauthorized Possession of Firearm==

Revision as of 20:02, 2 December 2018

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 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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See Also