Case Name |
Prv. |
Crt. |
Sentence |
Summary
|
R v Chol, 2022 ABPC 41 (CanLII), per Semenuk J |
AB |
PC |
|
discharge firearm into 4 houses.
|
R v Olson, 2021 BCSC 61 (CanLII), per Humphries J |
BC |
SC |
|
affirmed at 2023 BCCA 430 (CanLII)
|
R v Baptiste, 2019 BCSC 2339 (CanLII) |
BC |
SC |
4.5 years imprisonment |
"the offender left his residence during an argument with his intimate partner and purchased a rifle. He returned and pointed the gun at her, pulling the trigger while aiming away from her."
|
R v Arcand, 2019 SKQB 131 (CanLII) |
SK |
SC |
|
|
R v Sauve, 2019 ONSC 960 (CanLII), per Byrne J |
ON |
SC |
|
"involved an accused who shot 13 times into a home, injuring a 10-year-old boy. The intended victim was a person who lived or frequented the same townhouse. The accused had several convictions, but none involving a firearm. He had a troubled childhood, finding some stability in foster care. He did not finish high school. He had never been employed. He offered no insight into the offence of acceptance of responsibility. The shooting was planned and deliberate. The injuries the child suffered were serious. Fleeing the scene after the shooting was found to be aggravating and “cold and callous”. The accused was only 23 which meant that there was time for him to turn his life around. The convictions on the charges of discharging a firearm and aggravated assault received 11 years concurrent to each other."
|
R v Ward, 2019 MBPC 27 (CanLII), per Corrin J |
MB |
PC |
|
"involved a gang enforcer who attacked a member of a rival gang and was charged under ss. 244(2)(a). The accused was 33 years old. He was expelled from school at the age of 16 with a grade six standing, after suffering from Attention Deficit Disorder and beginning to drink regularly, after which he was recruited into a gang. He had an extensive criminal record, including violent offences. The shooting occurred in a residential home where people not affiliated with gangs were living. He used hollow point bullets to maximize damage. The Bellissimo range was cited. An eight year sentence was imposed."
|
R v Anderson, 2019 ABCA 223 (CanLII), per Rowbotham JA |
AB |
CA |
|
"involved a manslaughter conviction and a later discharge of firearm offence in which shots were fired at another car during a car chase. The discharge offence received a three year sentence. It was not found to be unfit or too low on appeal."
|
R v Nungusuituq, 2019 NUCJ 6 (CanLII), per Charlesworth J |
NU |
CJ |
|
" ss. 244.2(1)(b). The accused fired a gun at random in a small community four times over 15-20 minutes. The sentencing judge found that a three-year sentence would balance denunciation and deterrence with rehabilitation of a first-time offender and would recognize Gladue factors and would be in the range of other sentences in Nunavut and the Northwest Territories. He found the mandatory minimum sentence to be unconstitutional and of no force and effect. The accused pled guilty. There were no casualties. It was an important factor that the accused terrorized a community."
|
R v Callaghan, 2017 ONSC 1853 (CanLII), per Garton J |
ON |
SC |
|
"The accused was shot at by a group of cyclists, and the accused returned fire. He had a record for firearms offences. There were no injuries, but this was not a mitigating factor as it was strictly fortuitous. While it was in response to an attack, he did not need to put the public at risk by shooting in a residential neighbourhood, and while it was not planned, he was clearly ready for a shootout. The sentencing judge found that a jump from a previous six year sentence was required. The conviction for discharging a firearm received a seven year sentence, as part of a global sentence of 10 years."
|
R v Whitehead, 2017 SKQB 263 (CanLII), per Krogan J |
SK |
SC |
|
"is a decision involving an accused who discharged a firearm at a police officer who was taking cover behind the police cruiser. The accused was a 26-year-old Indigenous man. Various Gladue factors were present. He had a criminal record including several violent offences. He had a high risk for reoffending. Denunciation and deterrence were the significant principles. As in Arcand, it was aggravating that he fired at a police office. However, he pled guilty. The discharging a firearm offence received a sentence of nine years, before the global sentence was reduced for totality."
|
R v Rodney, 2017 ONCJ 68 (CanLII), per Feldman J |
ON |
PC |
4 years imprisonment |
"Rodney, 22 years old, and Mohammed discharged at least four bullets into a home and one came close to hitting a child. Rodney drove Mohammed to the scene."
|
R v Marsh, 2017 CanLII 84460 (NL SC), per Goodridge J |
NL |
SC |
|
"involved shootings that occurred two months apart. Each occurred in a private home in a residential neighbourhood. They were motivated by collecting moneys owed for drugs and by revenge. The accused had a lengthy record, with some assaults. The victims sustained serious injuries. General deterrence and denunciation were the most important objectives. Consecutive sentences were imposed. One aggravated assault attracted a sentence of five years, and the other assault and discharge of a firearm with intent attracted seven years."
|
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 Barr, 2016 BCSC 193 (CanLII), per Tindale J |
BC |
SC |
7 years imprisonment |
"Over a drug dispute, Mr. Barr shot the victim, hitting him three separate times and continued to fire as the victim tried to run away. The injuries were life threatening."
|
R v Oud, 2016 BCCA 332 (CanLII), per Saunders JA |
BC |
CA |
|
"involved an accused who shot through the door of a basement suite, knowing it to be occupied. There were no injuries. He had a previous conviction for impaired driving. The sentence was increased to five years on appeal. This differentiated the accused’s culpability from a less serious offence, one without multiple rounds fired, actual knowledge of persons present, and a purpose of retaliation."
|
R v Cox, 2015 ONCA 769 (CanLII), per curiam |
ON |
CA |
11 years imprisonment |
Discharged a firearm in the course of a robbery.
|
R v Russel, 2015 SKQB 97 (CanLII), per Scherman J |
SK |
SC |
3.5 years imprisonment |
"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.
|
R v Chand, 2014 BCSC 579 (CanLII), per McEwan J |
BC |
SC |
7 years imprisonment |
"Mr. Chand, 22 years old, shot the victim in the back as he ran away up the stairs at a Skytrain station following a dispute over a debt."
|
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.
- Keywords: pointing
|
R v Johnsrud, 2014 ABCA 395 (CanLII), per curiam |
AB |
CA |
|
"involved 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. His appeal of a 7.5-year sentence failed as there were no reviewable errors on the part of the sentencing judge, for example, his argument that the sentences should have been concurrent did not persuade Rowbotham J. who said concurrency would result in a free ride on the most serious offence (para 6)."
|
R v Derion, 2013 BCPC 381 (CanLII), per Giardini J |
BC |
PC |
7 years imprisonment |
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.
|
R v Halleran, 2013 CanLII 13309 (NLPC), , [2013] NJ 120 (NLPC), per Marshall J |
NL |
PC |
7 years imprisonment (discharge) 7 years imprisonment (agg. assault)
|
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.
|
R v Ghebreigziabiher, 2012 ONSC 5384 (CanLII), per Kelly J |
ON |
SC |
4 years imprisonment (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. "
|
R v Jones, 2012 ONCA 609 (CanLII), per curiam |
ON |
CA |
9 years imprisonment |
"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). "
|
R v Seymour, 2011 BCSC 1682 (CanLII), per Smith J |
BC |
SC |
6 years imprisonment |
"the offender discharged a restricted semi-automatic pistol through an occupied motor vehicle into an occupied apartment building narrowing missing a woman inside. He was under two weapons prohibitions at the time."
|
R v Seymour, 2011 BCSC 1682 (CanLII) |
BC |
SC |
|
|
R v Chan, 2011 NSSC 471 (CanLII), 985 APR 126, per Wright J |
NS |
SC |
7 years imprisonment (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."
|
R v Walker-King, 2011 ONSC 4307 (CanLII), per Thorburn J |
ON |
SC |
9.5 years imprisonment |
"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."
|
R v Swallow, 2010 QCCQ 955 (CanLII), per Chabot J |
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."
|
R v Bellissimo, 2009 ONCA 49 (CanLII), per curiam |
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.
|
R v Swaby, 2009 CanLII 23880 (ON SC) |
ON |
SC |
|
"involved a drive-by shooting. The offender was 19 years old. The victim was 15 years old. There was no provocation, and the victim was in front of his home. The court indicated the facts were of sufficient seriousness to require a higher sentence. The conviction for aggravated assault resulted in a sentence of eight years. The lack of a prior record and the accused’s young age, despite the fact that he committed another offence while on bail, led the sentencing judge to believe that there were reasonable hopes for rehabilitation."
|
R v Rathor, 2006 BCPC 504 (CanLII), per Chen J |
BC |
PC |
|
"involved the accused, who was driving a vehicle, firing a gun after a disagreement with a pedestrian. The pedestrian was not injured. The accused was young, with no criminal history. The sentencing judge could not evaluate the accused’s prospects for rehabilitation. However, it was noted that the shooting was planned, albeit very quickly. The ultimate sentence was five years, as it was longer than the minimum, but not deserving of six to eight years. The sentencing judge was concerned with the accused’s apparent rage and aggression, leading to a sentence higher than the minimum. Deterrence and denunciation were required in the wake of a dangerous act that could have injured the innocent public."
|
R v Brown, 2005 CanLII 46092 (ONSC), per Nordheimer J |
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."
|
R v Jackson, 2002 CanLII 41524 (ON CA) |
ON |
CA |
7 years imprisonment |
"This case involved an officer stopping two people riding double on a bike when the offender turned and shot twice at the officer."
|
R v Johnsen, 1999 BCCA 577 (CanLII), per 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.
|
R v Melanson, 1998 CanLII 12185 (NB CA) |
MB |
CA |
|
"involved an attempted murder by shooting at noon hour on a downtown street in Moncton. The accused received a sentence of eight years. The act was planned and deliberate. The accused pled guilty but lacked remorse. He had a record of violent offences."
|
R v Gale, 1996 CanLII 5295 (NS CA, per 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.
|
R v Canney , 1995 CanLII 6994 (NB CA), per Ayles JA |
NB |
CA |
|
"involved random shooting in public, injuring one victim. The charge of aggravated assault received a seven year sentence, reduced from 10 years to give more weight to rehabilitation and the record of the accused. The range was stated to be up to 10 years. The accused had a history of mental health problems, which led the court to be sceptical about how deterrence can have much weight in such circumstances."
|
R v Bunker, 1994 ABCA 99 (CanLII), per curiam |
AB |
CA |
3 years imprisonment |
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.
|