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 | {{SCase1|''R v Nadon'', <br> [http://canlii.ca/t/grw07 2016 ONSC 3518] (CanLII){{perONSC|Kurke J}} | {{JailY|2}} (pointing x2)<br> 1 year (threats)<br> 1 year (confinement)<br> {{JailY|3}} (loaded firearm)<br> {{JailY|10}} (attempt murder w firearm)<br> 1 year (breach) <br> {{JailY|3}} (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}} {{JailY|5.5}}offender possessed one handgun with serial number removed and a "zip" gun.}} | {{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}} | ||
{{SCase1| ''R v Wong''<br> [http://canlii.ca/t/ftp4w 2012 ONCA 767] (CanLII){{TheCourtONCA}} | 3 | {{SCase1| ''R v Wong''<br> [http://canlii.ca/t/ftp4w 2012 ONCA 767] (CanLII){{TheCourtONCA}} | {{JailY|3}}| drugs and guns}} | ||
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{{SCaseLong|''R v Adan'', <br> [http://canlii.ca/t/gvcc8 2016 ONSC 6763] (CanLII){{perONSC|Corrick J}} |ON |SC| 21 | {{SCaseLong|''R v Adan'', <br> [http://canlii.ca/t/gvcc8 2016 ONSC 6763] (CanLII){{perONSC|Corrick J}} |ON |SC| {{JailM|21}} | 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.}} | ||
{{SCaseLong|''R v Holmes''<br> [http://canlii.ca/t/fvm4z 2013 ONSC 302] (CanLII){{perONSC|Farfett J}}|ON|SC|12 | {{SCaseLong|''R v Holmes''<br> [http://canlii.ca/t/fvm4z 2013 ONSC 302] (CanLII){{perONSC|Farfett J}}|ON|SC|{{JailM|12}} (firearms)<br> {{JailY|2}}(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 Skinner'', <br> [http://canlii.ca/t/gs6zb 2016 NSCA 54 (CanLII)]{{perNSCA|Saunders JA}} {{JailY|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}} | {{JailM|21}} | 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}} | {{JailM|21}} | 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 | {{SCase1|''R v Aubichon'', <br>[http://canlii.ca/t/gk3sm 2015 ABCA 242] (CanLII){{TheCourtABCA}}| {{JailY|7.5}}| }} | ||
{{SCase1|''R v Yalahow'', <br> [http://canlii.ca/t/ggt6s 2015 ABCA 116] (CanLII){{perABCA|Picard JA}}| 3 | {{SCase1|''R v Yalahow'', <br> [http://canlii.ca/t/ggt6s 2015 ABCA 116] (CanLII){{perABCA|Picard JA}}| {{JailY|3}} (firearm)<br>3.5 years (trafficking drugs) <br>6 years, 8 months (global)| }} | ||
{{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.}} | ||
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{{SCase1| ''R v Frohock'',<br> [http://canlii.ca/t/23vgp 2009 BCCA 227] (CanLII){{perBCCA|Finch CJ}} | 6 years 8 months after 14 mo remand | found with a loaded sawed-off shotgun; 45-year-old with an extensive record.}} | {{SCase1| ''R v Frohock'',<br> [http://canlii.ca/t/23vgp 2009 BCCA 227] (CanLII){{perBCCA|Finch CJ}} | 6 years 8 months after 14 mo remand | found with a loaded sawed-off shotgun; 45-year-old with an extensive record.}} | ||
{{SCase1| ''R v Dickson'',<br> [http://canlii.ca/t/1tcnh 2007 ABCA 322] (CanLII){{perABCA|Acton J}}| 25.5 | {{SCase1| ''R v Dickson'',<br> [http://canlii.ca/t/1tcnh 2007 ABCA 322] (CanLII){{perABCA|Acton J}}| {{JailM|25.5}} | sawed-off shotgun}} | ||
{{SCase1| ''R v Cross'',<br> [http://canlii.ca/t/1pmfc 2006 CanLII 33193] (ON C.A.){{TheCourt}} | 2 years less a day | 19-year-old;limited record; .45 calibre handgun concealed in the waistband of the offenders' pants.}} | {{SCase1| ''R v Cross'',<br> [http://canlii.ca/t/1pmfc 2006 CanLII 33193] (ON C.A.){{TheCourt}} | 2 years less a day | 19-year-old;limited record; .45 calibre handgun concealed in the waistband of the offenders' pants.}} | ||
Revision as of 09:10, 15 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 imprisonment | 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 imprisonment (firearms) 2 years imprisonment(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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