Use of Weapons Offences (Sentencing Cases): Difference between revisions

Revision as of 14:07, 11 December 2023

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Use Offences

Case Name	Prv.	Crt.	Sentence	Summary
R v GWO, [2009 O.J. No. 5926]	ON		13 months imprisonment
R v Tallon, 2003 CanLII 27268 (ON CA, per Rosenberg JA	ON	CA
R v Dumont, 2001 CanLII 24174 (ON CA, per Labrosse JA (2:1)	ON	CA	1 year CSO
R v LDM, 2001 NSCA 19 (CanLII), per Flinn JA	NS	CA	4 years imprisonment
R v Beardy, 2001 MBCA 34 (CanLII), per Huband JA	MB	CA	1 year imprisonment
R v Forrest, 2000 CanLII 5091 (ON CA, per curiam	ON	CA	18 years imprisonment
R v McLetchie, 1999 CanLII 2759 (ON CA, per curiam	ON	CA	20 months imprisonment (pointing)
R v Senior, 1996 ABCA 71 (CanLII), per curiam	AB	CA	22 years (global)
R v Whalen, 1994 CanLII 10347 (NLSCTD), per Hickman CJ	NL	SC	9 months (assault weapon)
R v Nungusuituq, 2019 NUCJ 6 (CanLII), per Charlesworth J	NU		3 years imprisonment
R v Yang, 2018 ONCA 230 (CanLII), per curiam	ON	CA	See above	See above
R v Jefferson, 2014 ONCA 434 (CanLII), per curiam	ON	CA	10 years imprisonment

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 {{LevelZero}}
 {{HeaderSentCases}}
-{{OffencesBoxMini|Pointing a Firearm}}
-{{OffencesBoxMini|Discharging a Firearm}}
-Includes s. 87: (Pointing a Firearm), s. 244 (Discharging a Firearm).
 ==Use Offences==
 {{SCaseHeaderLong}}
-{{SCaseLong|{{CanLIIR-S|Wilson|gxqfb|2017 ONCJ 74 (CanLII)}}{{perONCJ|De Filippis J}} | {{ON}} |PC| {{ADischarge}} |"an officer who pointed an unloaded gun at a fellow officer in jest."}}
-{{SCaseLong|{{CanLIIR-S|Riggs|gwl6x|2016 CanLII 89895 (NLSCTD)}}{{perNLSC|Goodridge J}}|{{NL}}|SC | {{JailM|15}} | The offender pointed a firearm at two persons }}
-{{SCaseLong|{{CanLIIR-S|Nadon|grw07|2016 ONSC 3518 (CanLII)}}{{perONSC|Kurke J}} | {{ON}} |SC| {{JailY|2}} (pointing) | }}
-{{SCaseLong|{{CanLIIR-S|Johnsrud||2014 ABCA 395 (CanLII)}} |{{AB}}|CA|7.5 years | "a 42-year-old offender with a lengthy related record who pulled a loaded handgun on a security guard while subject to a lifetime ban on possession." }}
-{{SCaseLong|{{CanLIIR-S|Russel||2015 SKQB 97 (CanLII)}} |{{SK}}|SC| 3.5 years |"an offender pulled over for an impaired driving investigation. He pointed a rifle at the officer saying not to move or he would shoot. The officer managed to get the rifle away from Mr. Russel and nobody was injured." The offender was 57 years old, had no criminal record, was remorseful, and claims to have been intoxicated at the time.}}
-{{SCaseLong|{{CanLIIR-S|Swallow||2010 QCCQ 955 (CanLII)}} |{{QC}}|PC|5.5 years | "an aboriginal shooter held off police at his home following a domestic incident ... He fired both from within and without the home eventually sustaining injury from police gun fire." }}
-{{SCaseLong|{{CanLIIR-S|Huson|27jkf|2009 BCSC 1825 (CanLII)}}{{perBCSC|Schultes J}} |{{BC}}|SC | {{JailM|15}} | The offender pleaded guilty pointing a firearm, uttering threats, assault, and use of a firearm. He was 30 years old with a prior record. }}
 {{SCaseLong|{{CanLIIR-S|GWO| |[2009] O.J. No. 5926}}| {{ON}} | | {{JailM|13}} | }}
-{{SCaseLong|{{CanLIIR-S|Brown||2005 CanLII 46092 (ONSC)}} |{{ON}}| SC| 4 years (global) |"a 36-year-old, with a small child, and a lengthy record going back to youth, including assaults on police officers. He had received 3 1/2 years for criminal negligence causing death in 1994. He was sentenced for pointing a gun at a security guard who roused him in a crack apartment. It was considered a spontaneous act because the gun had been given Mr. Brown to sell only shortly before the guards arrived. ... Some factors considered in imposing a sentence of 4 years included drug addiction, impairment at the time, and the spontaneous nature of the act. Pointing was considered the most serious offence for which he received 18 months."}}
 {{SCaseLong|{{CanLIIR-S|Tallon|1g2sh|2003 CanLII 27268 (ON CA}}{{perONCA|Rosenberg JA}}| {{ON}} |CA| | }}
@@ Line 37: / Line 18: @@
 {{SCaseLong|{{CanLIIR-S|Forrest|1fb1z|2000 CanLII 5091 (ON CA}}{{TheCourtONCA}}| {{ON}} |CA | {{JailY|18}} | }}
-{{SCaseLong|{{CanLIIR-S|Johnsen|52hl|1999 BCCA 577 (CanLII)}}{{perBCCA|Ryan JA}} |{{BC}}|CA| 9 months + 18 mo prob.| The offender was 23 years old. he was convicted of careless use of a firearm and pointing a firearm. He discharged a rifle through the door of his mother's home and then drove to his girlfriend's. Police confronted him and he pointed his firearm at them. He was intoxicated at the time and had a drinking problem. He was receiving counselling at the time of sentence. }}
 {{SCaseLong|{{CanLIIR-S|McLetchie|1f9n0|1999 CanLII 2759 (ON CA}}{{TheCourtONCA}}| {{ON}} |CA| {{JailM|20}} (pointing)| }}
-{{SCaseLong|{{CanLIIR-S|Smith|1f9mc|1999 CanLII 1544 (ON CA}}{{TheCourtONCA}}| {{ON}} |CA | {{JailM|9}} (pointing) | The offender pleaded guilty to pointing a firearm, assault causing bodily harm x 2, and assault x 3.  The gun was not loaded. }}
-{{SCaseLong|{{CanLIIR-S|Bedard|6gxx|1998 CanLII 4009 (ON CA}}{{perONCA|Finlayson JA}} | {{ON}} |CA| 1 months (pointing) | The offender was convicted of pointing a firearm, assault with a weapon, careless storage of a firearm. He and an accomplice were both armed with guns assaulted the victim by holding a gun to his head and "pistol-whipping" him. May have been related to drug trafficking.  Police find improperly stored rifle at offender's residence. }}
-{{SCaseLong|{{CanLIIRP|Smith|6hnz|1997 CanLII 832 (ON CA)|120 CCC (3d) 500}}{{perONCA|Rosenberg JA}}| {{ON}} |CA | 2 years (pointing) | }}
-{{SCaseLong|{{CanLIIR-S|Heddle|1dzs8|1997 CanLII 2998 (BC CA}}{{perBCCA|Southin JA}}|{{BC}}|CA | 1 year (pointing) | }}
-{{SCaseLong|{{CanLIIR-S|Bruce (JUL), |fwvw6|1997 CanLII 16057 (NLSCTD)}}{{perNLSC|Robert J}} |{{NL}}|SC| 5 months + 3 yrs prob. | The offender plead guilty to assault with a weapon, pointing a firearm, asauslt and uttering threats. He attacked his common-law partner, which included hitting, kicking, pulling of hair, putting a knife to her throat, and then pointing a gun at her then threatening her. He was 48 years at the time and had numerous health problems. }}
-{{SCaseLong|{{CanLIIR-S|Gale|1mmzz|1996 CanLII 5295 (NS CA}}{{perNSCA-H|Bateman JA}}| {{NS}} |CA | 15 months + 2 yrs prob.| The offender was convicted of assault and pointing a firearm. He pointed an unloaded rifle at his wife and pulled the trigger. At the time, he drunk and high, and was also on probation for assaulting his wife a previous time.}}
 {{SCaseLong|{{CanLIIR-S|Senior|2ddb8|1996 ABCA 71 (CanLII)}}{{TheCourtABCA}} |{{AB}}|CA| 22 years (global) | }}
-{{SCaseLong|{{CanLIIR-S|Green|2dc2q|1995 ABCA 77 (CanLII)}}{{perABCA|Cairns JA}}|{{AB}}|CA | 9 months (pointing)<br> 3 months (assault)| The offender was convicted of assault and pointing a firearm. He was in a domestic dispute where he hit his partner. Police arrived and during a confrontation he pointed a firearm at a police officer.}}
 {{SCaseLong|{{CanLIIR-S|Whalen|g08nn|1994 CanLII 10347 (NLSCTD)}}{{perNLSC|Hickman CJ}}|{{NL}}|SC | 9 months (assault weapon) | }}
-{{SCaseLong|{{CanLIIR-S|Bunker|2dbgc|1994 ABCA 99 (CanLII)}}{{TheCourtABCA}}|{{AB}}|CA | {{JailY|3}} | The offender was convicted of manslaughter and pointing a firearm. He entered into a residence and fired 4 shots at one person, hitting him twice, and then attempted to shoot another person but the gun was out of ammunition. He was 25 years old with a lengthy non-violent record. He was high on cocaine at the time. }}
-{{SCaseLong|{{CanLIIR-S|Forsythe|1dc9j|1994 CanLII 2492 (BCCA)}}{{perBCCA|Hutcheon JA}}|{{BC}}|CA | {{JailY|4}} | The offender was convicted of two counts pointing a firearm, one count possession of a rifle for dangerous purpose. He got into an argument with his brother in law. While brother in law was running away, he fired a rifle at him twice. When another person attempted to flee he jumped on the hood of the car, pointed the rifle at them and threatened them. He was 26 years old and had a lengthy record of violence.}}
-{{SCaseLong|{{CanLIIR-S|Cummings|2dxg8|1993 CanLII 7789 (NL CA}}{{perNLCA|Gushue JA}} |{{NL}}|CA| 4 years (global)<br> 1 year (pointing) | The offender pleaded guilty to pointing a firearm, aggravated assault, using firearm while committing an offence, and possession of a dangerous weapon. He fired a shotgun at his ex-partner. The shot came close to the victim. She was traumatized by the event. He was undergoing psychiatric care at the time due to grief from the death of his wife.}}
-{{SCaseLong|{{CanLIIR-S|Walters|1db0r|1993 CanLII 1888 (BCCA)}}{{perBCCA|Lambert JA}}|{{BC}}|CA | {{JailY|3}} (pointing) | The offender was convicted on pointing a firearm and aggravated assault. The offender was on a drug binge and pointed a sawed off .22 caliber gun at a person and demanded that the victim give him drugs. He was unaware if the gun was loaded or not. A struggle ensued. He had a record that included a weapons offence.}}
-{{SCaseLong|{{CanLIIR-S|Roberts|1d9kq|1992 CanLII 1316 (BCCA)}}{{perBCCA|Taggart JA}}|{{BC}}|CA | {{JailM|3}} | The offender plead guilty to pointing a firearm. He pointed an unloaded rifle at a bus driver two times. He had a prior conviction for cultivating marijuana. A 5 year weapons prohibition was ordered.}}
 {{SCaseLong|{{CanLIIR-S|Nungusuituq|hzz72|2019 NUCJ 6 (CanLII)}}{{perNUCJ|Charlesworth J}}|NU | | {{JailY|3}} | }}
 {{SCaseLong|{{CanLIIR-S|Yang|hv65c|2018 ONCA 230 (CanLII)}}{{TheCourtONCA}}|{{ON}}|CA|''See above'' | ''See above''}}
-{{SCaseLong|{{CanLIIR-S|Cox|gm0m5|2015 ONCA 769 (CanLII)}}{{TheCourtONCA}}| {{ON}} |CA| {{JailY|11}} | Discharged a firearm in the course of a robbery.}}
 {{SCaseLong|{{CanLIIR-S|Jefferson|g70zt|2014 ONCA 434 (CanLII)}}{{TheCourtONCA}}| {{ON}} |CA | {{JailY|10}} | }}
-{{SCaseLong|{{CanLIIR-S|Derion|g6n09|2013 BCPC 381 (CanLII)}}{{perBCPC|Giardini J}} |{{BC}}|PC| {{JailY|7}} | The offender was convicted of discharging a firearm and possession  of a loaded restricted firearm and possession of a firearm dangerous to the public. He discharged a firearm during a drug deal gone bad. The offender was of aboriginal heritage. He had an extensive criminal record.}}
-{{SCaseLong|{{CanLIIRP|Halleran|fwkvb|2013 CanLII 13309 (NLPC)|, [2013] NJ 120 (NLPC)}}{{perNLPC|Marshall J}}|{{NL}}|PC | {{JailY|7}} (discharge)<br> {{JailY|7}} (agg. assault) <br> | The offender got into a dispute with the victim over a drug debt. He discharged a .22 caliber rifle shooting the victim in the leg. He then reloaded and held the gun to the victim's chin. He then stabbed the victim in the face, chest, back and scrotum. The offender was 19 years old with one prior conviction for violence. }}
-{{SCaseLong|{{CanLIIRx|Ghebreigziabiher|fsz07|2012 ONSC 5384 (CanLII)}}{{perONSC|Kelly J}} | {{ON}} |SC|{{JailY|4}} (discharge) | "the offender, with a prior criminal record, was sentenced to nine years for aggravated assault (s. 268) and one year consecutive for possession of a firearm while prohibited by court order.  He also received concurrent sentences of four years for discharging a firearm, two years for pointing a firearm and one year for possession of ammunition contrary to court order. "}}
-{{SCaseLong|{{CanLIIRx|Jones|fsqtm|2012 ONCA 609 (CanLII)}}{{TheCourtONCA}} | {{ON}} |CA|  {{JailY|9}} | "the offender was sentenced to ten years following convictions for aggravated assault, discharging a firearm with intent to wound, using a firearm while committing an indictable offence, kidnapping with a firearm, and possession of a restricted weapon.  The facts involved a kidnapping which evolved into a confrontation in which gunfire was exchanged.  One victim was hit in the crossfire and injured.  The Court of Appeal upheld concurrent sentences of nine years for the aggravated assault (s. 268) and the discharge of firearm with intent to wound (s. 244). "}}
-{{SCaseLong|{{CanLIIRP|Chan|fpj3p|2011 NSSC 471 (CanLII)|985 APR 126}}{{perNSSC|Wright J}} | {{NS}} |SC | {{JailY|7}} (discharge) | "the offender, who had a prior criminal record, was sentenced to eleven years following convictions for two separate gun-related incidents.  In the first incident the offender went into a shop and fired a Glock 9 mm handgun three times in the direction of the intended victim.  The motive for the crime was to settle an altercation.  The second incident involved unauthorized possession of a firearm, but it was not fired or aimed at anyone.  The sentence breakdown for each individual crime is not relevant here because the sections of the ''Criminal Code'' that were engaged are mostly different, and because the totality principle was used to reduce the overall sentence.  However, it is helpful and comparable to note that a seven-year sentence was imposed for the discharge of firearm with intent to wound (s. 244) and that the total sentence for the two gun-related incidents was eleven years.  In order to achieve parity, we are looking at something close to seven years for the s. 244 offence, and something close to 11 years for the total sentence."}}
-{{SCaseLong|{{CanLIIR-S|Walker-King|fm4pg|2011 ONSC 4307 (CanLII)}}{{perONSC|Thorburn J}}| {{ON}} |SC | {{JailY|9.5}} | "the twenty-year-old offender went to a private residence with a loaded handgun, and shot the victim in the abdomen.  He had a prior record as a young offender.  The sentence was 9.5 years broken down as follows:  aggravated assault (s. 268), eight years; discharge of firearm with intent to wound (s. 244), seven years concurrent; breach of recognizance (s. 145(3)), one year; and wearing disguise, six months.  These are similar facts and circumstances, and a comparable sentence for Mr. Marsh’s s. 244 and s. 268 offences should be close to seven years for each incident."}}
-{{SCaseLong|{{CanLIIR-S|Bellissimo|225g6|2009 ONCA 49 (CanLII)}}{{TheCourtONCA}}| {{ON}} |CA | | The offender was convicted of aggravated assault and discharging a firearm with intent to wound. He fired shots in a restaurant and hit two people. Judge suggested a range of 7 to 11 years.}}
-{{SCaseEnd}}
-==Weapons Transfer Offences==
-{{OffencesBoxMini|Weapons Trafficking}}
-{{OffencesBoxMini|Weapons Importation}}
-{{SCaseHeaderLong}}
-{{SCaseLong|{{CanLIIR-S|Farah|gst61|2016 ONSC 5000 (CanLII)}}{{perONSC|Campbell J}}| {{ON}} |SC|{{JailY|8}} | The offender was convicted of weapons trafficking and criminal organization. {{keywords|Section 99, 100}}}}
-{{SCaseLong| {{CanLIIRP-S|Ross|2blxq|2010 BCCA 314 (CanLII)|[2010] BCJ 1394 (BCCA)}}{{perBCCA|Bennett JA}}|{{BC}}|CA| {{JailY|5}} |Offender imported 4 firearms. {{keywords|Section 103}} }}
 {{SCaseEnd}}