Weapons and Firearms Offences (Sentencing Cases): Difference between revisions
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{{SCase1|''R v Clayton'', <br>[http://canlii.ca/t/g2r9j 2014 ABCA 27] (CanLII){{TheCourtABCA}} | 11 | {{SCase1|''R v Clayton'', <br>[http://canlii.ca/t/g2r9j 2014 ABCA 27] (CanLII){{TheCourtABCA}} | {{JailY|11}} | 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 J}}| 12 months |}} | {{SCase1| ''R v Sousa'', <br> [http://canlii.ca/t/fnp8d 2011 ONSC 6463] (CanLII){{perONSC| MacDonnell J}}| 12 months |}} | ||
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{{SCase1|''R v Ongaro'', <br>[http://canlii.ca/t/g7fn1 2014 BCPC 118] (CanLII){{perBCPC|Hoy J}}|$2500 fine, 10y Prohib | American citizen passing through Canada with his family were searched at the border and found with unlicenced handgun.}} | {{SCase1|''R v Ongaro'', <br>[http://canlii.ca/t/g7fn1 2014 BCPC 118] (CanLII){{perBCPC|Hoy J}}|$2500 fine, 10y Prohib | American citizen passing through Canada with his family were searched at the border and found with unlicenced handgun.}} | ||
{{SCase1|''R v Jefferson'', <br>[http://canlii.ca/t/g70zt 2014 ONCA 434] (CanLII){{TheCourtONCA}}| 10 | {{SCase1|''R v Jefferson'', <br>[http://canlii.ca/t/g70zt 2014 ONCA 434] (CanLII){{TheCourtONCA}}| {{JailY|10}} | 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"}} | ||
{{SCase1|''R v Smickle'',<br>[http://canlii.ca/t/g2r8f 2014 ONCA 49] (CanLII){{TheCourtONCA}} | 12 months | 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.}} | {{SCase1|''R v Smickle'',<br>[http://canlii.ca/t/g2r8f 2014 ONCA 49] (CanLII){{TheCourtONCA}} | 12 months | 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.}} | ||
Revision as of 11:21, 13 April 2020
- < Sentencing
- < Cases
General
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Section 87: Pointing a Firearm
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Section 91: Unauthorized Possession of Firearm
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Template:SCaseHeader Template:SCase1
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Section 92: Possession of Unauthorized Firearm
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| Case Name | Prv. | Crt. | Sentence | Summary |
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| 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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