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

From Criminal Law Notebook
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{{SCase1|''R v Shomonov'', <br> [http://canlii.ca/t/gs3s2 2016 ONSC 4015] (CanLII){{perONSC|McCombs J}} | 21 months | 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] }}
{{SCase1|''R v Skinner'', <br> [http://canlii.ca/t/gs6zb 2016 NSCA 54 (CanLII)]{{perNSCA|Saunders JA}} | 6.5 years | {{summarypending}}  }}
 
{{SCase1|''R v Shomonov'', <br> [http://canlii.ca/t/gs3s2 2016 ONSC 4015] (CanLII){{perONSC|McCombs J}} | 21 months | 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] }}


{{SCase1|''R v Aubichon'', <br>[http://canlii.ca/t/gk3sm 2015 ABCA 242] (CanLII){{TheCourtABCA}}| 7.5 years| }}
{{SCase1|''R v Aubichon'', <br>[http://canlii.ca/t/gk3sm 2015 ABCA 242] (CanLII){{TheCourtABCA}}| 7.5 years| }}

Revision as of 16:04, 6 February 2020

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