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

From Criminal Law Notebook
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{{SCase1|''R v Duhamel'', <br>[http://canlii.ca/t/fwd1j 2013 ONSC 1340] (CanLII){{perONSC|KL Campbell J}} | 7 years | 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}} | 7 years | 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){{TheCourt}} | 3 years| drugs and guns}}  
{{SCase1| ''R v Wong''<br> [http://canlii.ca/t/ftp4w 2012 ONCA 767] (CanLII){{TheCourt}} | 3 years| drugs and guns}}  


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{{SCase2|''R v Adan'', <br> [http://canlii.ca/t/gvcc8 2016 ONSC 6763] (CanLII){{perONSC|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.}}
{{SCase2|''R v Adan'', <br> [http://canlii.ca/t/gvcc8 2016 ONSC 6763] (CanLII){{perONSC|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.}}


{{SCase2|R v Holmes<br> [http://canlii.ca/t/fvm4z 2013 ONSC 302] (CanLII){{perONSC|Farfett J}}|ON|SC|12 months (firearms)<br> 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.}}
{{SCase2|''R v Holmes''<br> [http://canlii.ca/t/fvm4z 2013 ONSC 302] (CanLII){{perONSC|Farfett J}}|ON|SC|12 months (firearms)<br> 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.}}


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{{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}}


{{SCase1| R v Morin<br>(1993), [http://canlii.ca/t/1dc2w 1993 CanLII 2711] (BC CA), BCJ No. 1477{{perBCCA|Taylor JA}} | 4 months | Canadian citizen stopped at border. The search revealed 6 unlicensed guns. The offender was a gun collector.}}
{{SCase1| ''R v Morin''<br>(1993), [http://canlii.ca/t/1dc2w 1993 CanLII 2711] (BC CA), BCJ No. 1477{{perBCCA|Taylor JA}} | 4 months | Canadian citizen stopped at border. The search revealed 6 unlicensed guns. The offender was a gun collector.}}


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Revision as of 14:57, 13 January 2019

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