Weapons and Firearms Offences (Sentencing Cases): Difference between revisions
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{{SCase1|''R v Nadon'', <br> [http://canlii.ca/t/grw07 2016 ONSC 3518] (CanLII){{perONSC|Kurke J}} | 2 years (pointing x2)<br> 1 year (threats)<br> 1 year (confinement)<br> 3 years (loaded firearm)<br> 10 years (attempt murder w firearm)<br> 1 year (breach) <br> 3 years (prohib order)| The offender shot the victim 14 times and left him paralyzed relating to a confrontation between the two over a debt. }} | {{SCase1|''R v Nadon'', <br> [http://canlii.ca/t/grw07 2016 ONSC 3518] (CanLII){{perONSC|Kurke J}} | 2 years (pointing x2)<br> 1 year (threats)<br> 1 year (confinement)<br> 3 years (loaded firearm)<br> 10 years (attempt murder w firearm)<br> 1 year (breach) <br> 3 years (prohib order)| The offender shot the victim 14 times and left him paralyzed relating to a confrontation between the two over a debt. }} | ||
{{SCase1|''R v Horsley'',<br> [http://canlii.ca/t/fz34c 2013 ONCJ 310] (CanLII){{perONCJ|Bhabha J}} | 5.5 | {{SCase1|''R v Horsley'',<br> [http://canlii.ca/t/fz34c 2013 ONCJ 310] (CanLII){{perONCJ|Bhabha J}} {{JailY|5.5}}offender possessed one handgun with serial number removed and a "zip" gun.}} | ||
{{SCase1|''R v Duhamel'', <br>[http://canlii.ca/t/fwd1j 2013 ONSC 1340] (CanLII){{perONSC|KL Campbell J}} | {{JailY|7}} | 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}} | {{JailY|7}} | Offender in possession of loaded handgun with serial number removed as well as 120+ gram of cocaine}} | ||
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{{SCase1|''R v Skinner'', <br> [http://canlii.ca/t/gs6zb 2016 NSCA 54 (CanLII)]{{perNSCA|Saunders JA}} | 6.5 | {{SCase1|''R v Skinner'', <br> [http://canlii.ca/t/gs6zb 2016 NSCA 54 (CanLII)]{{perNSCA|Saunders JA}} {{JailY|6.5}} }} | ||
{{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 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] }} | ||
Revision as of 09:25, 14 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 |
|---|---|---|---|---|
| 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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