Weapons and Firearms Offences (Sentencing Cases)
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General
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Nadon, 2016 ONSC 3518 (CanLII), per Kurke J | ON | SC | 2 years imprisonment (pointing x2) 1 year (threats) 1 year (confinement) 3 years imprisonment (loaded firearm) 10 years imprisonment (attempt murder w firearm) 1 year (breach) 3 years imprisonment (prohib order) |
The offender shot the victim 14 times and left him paralyzed relating to a confrontation between the two over a debt. |
| R v Horsley, 2013 ONCJ 310 (CanLII), per Bhabha J |
ON | PC | 5.5 years imprisonment | offender possessed one handgun with serial number removed and a "zip" gun. |
| R v Duhamel, 2013 ONSC 1340 (CanLII), per KL Campbell J | ON | SC | 7 years imprisonment | Offender in possession of loaded handgun with serial number removed as well as 120+ gram of cocaine |
| R v Wong 2012 ONCA 767 (CanLII), per curiam |
ON | CA | 3 years imprisonment | drugs and guns |
Section 87: Pointing a Firearm
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Clayton, 2014 ABCA 27 (CanLII), per curiam | AB | CA | 11 years imprisonment | pointed firearm at 6 people. Held person hostage with a firearm. |
| R v Sousa, 2011 ONSC 6463 (CanLII), per MacDonnell J | ON | SC | 12 months imprisonment |
Section 91: Unauthorized Possession of Firearm
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Fontaine, 2014 MBQB 119 (CanLII), per Suche J |
MB | SC | 12 months imprisonment | killed friend using unauthorized weapon |
| R v Greening, 2013 CanLII 5319 (NL PC), per Gorman J |
NL | PC | 6 months imprisonment (stun gun) 18 months imprisonment (global) |
attempting to import stun guns and brass knuckles |
| R v Drake [2012] NJ 30 (NLPC)(*no CanLII links) |
NL | PC | 30 days imprisonment (weapon) 16 months imprisonment (global) |
possession of drugs for purpose of trafficking, possession of brass knuckles |
| R v Andall, [2011] OJ 3523 (ONSC)(*no CanLII links) |
ON | SC | 6 months imprisonment | possession of a stun gun |
| R v Ash, 2010 BCCA 604 (CanLII), [2010] BCJ No. 2750 (C.A.), per Saunders JA |
BC | CA | 12 months imprisonment | Offender convicted of drug offences and possession of a stun gun. |
| R v Trecartin, 2012 NBQB 162 (CanLII), per McLellan J |
NB | SC | 12 months imprisonment | found in possession of a shotgun, handgun, and assault rifle--guns found locked away |
| R v Veranski, 2010 BCCA 211 (CanLII), per Prowse JA |
BC | CA | 21 months CSO | 9 mm CA semi automatic pistol; 38 years old; no criminal record--arrested carrying a bag with a firearm--ammo in the magazine and chamber |
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 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
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Skinner, 2016 NSCA 54 (CanLII), per Saunders JA |
NS | CA | 6.5 years imprisonment | |
| R v Shomonov, 2016 ONSC 4015 (CanLII), per McCombs J | ON | SC | 21 months imprisonment | 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] |
| R v Aubichon, 2015 ABCA 242 (CanLII), per curiam | AB | CA | 7.5 years imprisonment | |
| R v Yalahow, 2015 ABCA 116 (CanLII), per Picard JA | AB | CA | 3 years imprisonment (firearm) 3.5 years (trafficking drugs) 6 years, 8 months (global) |
|
| R v Ongaro, 2014 BCPC 118 (CanLII), per Hoy J | BC | PC | $2500 fine, 10y Prohib | American citizen passing through Canada with his family were searched at the border and found with unlicenced handgun. |
| R v Jefferson, 2014 ONCA 434 (CanLII), per curiam | ON | CA | 10 years imprisonment | 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" |
| R v Smickle, 2014 ONCA 49 (CanLII), per curiam |
ON | CA | 12 months imprisonment | 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. |
| R v Johnsrud, 2012 ABPC 298 (CanLII), per Gaschler J |
AB | PC | 5 years imprisonment | offender pointed unloaded firearm at victim and pulled trigger |
| R v Choken, 2012 MBPC 44 (CanLII), per MJ Smith J |
MB | PC | 5 years imprisonment | offender was 19 years old connected to a biker gang, also convicted of drug traffficking |
| R v Frohock, 2009 BCCA 227 (CanLII), per Finch CJ |
BC | CA | 6 years 8 months after 14 mo remand | found with a loaded sawed-off shotgun; 45-year-old with an extensive record. |
| R v Dickson, 2007 ABCA 322 (CanLII), per Acton J |
AB | CA | 25.5 months imprisonment | sawed-off shotgun |
| R v Cross, 2006 CanLII 33193 (ON C.A.), per curiam |
ON | CA | 2 years less a day imprisonment | 19-year-old;limited record; .45 calibre handgun concealed in the waistband of the offenders' pants. |
| R v Smith, 2006 NSCA 95 (CanLII), per Saunders JA |
NS | CA | 2 years imprisonment | 9mm handgun outside a bedroom; 39 year old with a significant drug addiction; 49 prior convictions |
| R v Syed, 2005 CanLII 4773 (ON C.A.), per curiam |
ON | CA | 2 years less a day imprisonment | numerous loaded weapons, 590 grams of marijuana |
| R v Morin (1993), 1993 CanLII 2711 (BC CA), BCJ No. 1477, per Taylor JA |
BC | CA | 4 months imprisonment | Canadian citizen stopped at border. The search revealed 6 unlicensed guns. The offender was a gun collector. |