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411 REFERENCE · Wikibooks

Canadian Criminal Sentencing/Offences/Pointing a Firearm

Reference material by Wikibooks contributors. This retains its source identity and is not 411 news reporting.

Legislation Pointing a firearm 87. ... Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 87; 1995, c. 39, s. 139. CCC Application Principles Where a handgun is used in a public place, there is a significant emphasis on denunciation and deterrence.R. v. Danvers 2005 CanLII 30044 (ON CA), (2005), 199 C.C.C. (3d) 490, at para. 77 - "the use of handguns in public places cries out for lengthy increased periods of parole ineligibility" 2 Factors Youthful offender guilty plea (early or late plea, amount of court resources saved) no prior record or no related record Ancillary Sentencing Orders Weapons Prohibition Order DNA Orders Weapon Forfeiture Order (s. 491) Recommended Probationary Terms Ranges R. v. Sousa, 2011 ONSC 6463 - 12 months - See Also Canadian Criminal Sentencing/Offences/Offences by Penalty Pointing a Firearm