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