Weapons prohibition

Sentencing of an accused found guilty by jury of aggravated assault and uttering threats to cause bodily harm, who also pleaded guilty to possession of a prohibited weapon.

The accused stabbed the victim with a spring-operated knife during a consensual fist fight after threatening him on Facebook.

The court accepted a joint submission for a conditional sentence of two years less a day with a house arrest component for the first twelve months, followed by a curfew.

Significant mitigating factors included the accused's extensive rehabilitative efforts addressing severe alcohol addiction, employment stability, family support, and compliance with release conditions.

Ancillary orders included a DNA order, ten-year weapons prohibition, and forfeiture of the knife.

The offender pleaded guilty to discharging a restricted firearm with intent to wound and possession of a firearm while prohibited.

The offences occurred during a public altercation outside a shopping mall where the offender fired a handgun at another individual, though no one was struck.

The court weighed the significant aggravating factor of a public shooting near a school against mitigating factors including a guilty plea, remorse, and harsh pre-sentence custody conditions during the COVID-19 pandemic.

The court imposed a total sentence of 6.5 years, reduced by 40.5 months for enhanced pre-sentence custody credit.

The accused was found guilty of unauthorized possession of a loaded restricted firearm, possession of a restricted firearm without a license, and possession of a firearm while prohibited.

The accused, a repeat offender with a prior firearms conviction, was carrying a loaded handgun in a backpack.

The court weighed the aggravating factors of carrying a loaded firearm in public and the accused's prior record against mitigating factors, including harsh pre-sentence custody conditions exacerbated by the COVID-19 pandemic.

A global sentence of six years was imposed, reduced by credit for pre-sentence custody.

The appellant appealed his summary convictions for assault with a weapon and criminal harassment, as well as his sentence of a suspended sentence and two years' probation.

The charges arose from a prolonged neighbour dispute culminating in the appellant throwing apples at the complainant.

The Superior Court of Justice dismissed the appeal against conviction, finding the trial judge's credibility assessments and application of the W.(D.) test were reasonable.

The appeal against sentence was also dismissed, as a conditional discharge was not in the appellant's best interest given his lack of remorse.

At the Crown's request, the court varied the sentence to include a mandatory 10-year weapons prohibition order under s. 109 of the Criminal Code.

The offender, an aboriginal man with a lengthy criminal record, was convicted of aggravated assault, weapons offences, and breach of recognizance after stabbing a store owner during a dispute over a cell phone data plan.

The court considered Gladue factors, including the offender's history of abuse, bullying, and substance abuse, alongside the need for denunciation and deterrence.

The offender was sentenced to a global term of 33 months' imprisonment (credited as time served plus 6 additional months) followed by three years of probation.

The appellant pled guilty to possession of stolen property, attempted break and enter, and break and enter, receiving a 42-month sentence and a lifetime weapons prohibition under s. 109(3) of the Criminal Code.

He appealed the weapons prohibition, arguing there was no violence used, threatened, or attempted.

The Court of Appeal found that the appellant's actions, which he admitted scared the victims, constituted an implied threat of violence.

The appeal was dismissed, but the prohibition was varied to 10 years at the Crown's request.

The offender was found guilty by a jury of possessing a loaded restricted firearm and related offences, and by a judge of breaching weapons prohibition and probation orders.

The offender fled from police and threw the loaded handgun into a residential backyard.

The court considered the offender's prior firearms conviction, his pending deportation to Jamaica, and the need for denunciation and deterrence.

The court imposed a global sentence of 7.5 years imprisonment, less enhanced pre-sentence credit at a ratio of 1.3:1, resulting in 74 months remaining to be served.