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21 May '14
Our client was recently found not guilty of criminal charges for possession of a handgun after a trial in Ottawa. The case illustrates the difficulties in proving that a non-recovered gun was in fact a real “firearm”. Background Our client’s friend pulled out an alleged handgun and pointed it at the victim’s face. The victim disarmed […]
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28 Feb '14
In R. v. T.A.P., 2014 ONCA 141, the Ontario Court of Appeal imposed what essentially amounts to a two-year house arrest sentence for possession of a loaded handgun with a defaced serial number. The case has illustrates the sentencing range for “non-true crime” handgun offences.
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Ontario Court of Appeal rules that three-year mandatory minimum jail sentence for loaded handguns is unconstitutional.
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An Ottawa man who was acquitted of firearms charges after a judge found the pellet gun he was allegedly carrying did not meet the definition of a “weapon” will face a new trial, the Ontario Court of Appeal ruled on September 4th. Previously, a pellet gun was not considered a “weapon” unless someone carried it for the purpose of hurting or threatening someone.
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07 Jul '12
Many people have asked me what judges will do with the new mandatory minimum jail sentences for several marijuana offences. Two recent Ontario gun cases suggest that judges may refuse to impose mandatory jail sentences which are grossly disproportionate.
Firearms Offences
Brett McGarry
- 116 Lisgar Street, Suite 300, K2P 0C2 Ottawa, Ontario Canada
- brett@mcgarrylaw.ca
- 613-884-8576
- 613-691-1373