Canadian Criminal Law/Offences/Pointing a Firearm
| Pointing a Firearm | |
|---|---|
| s. 87 of the Crim. Code | |
| Election / Plea | |
| Crown Election | Hybrid |
| Jurisdiction | Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2)) |
| Summary Dispositions | |
| Avail. Disp. | Discharge (730) Suspended Sentence (731(1)(a)) |
| Maximum | 6 months jail or $5,000 fine |
| Indictable Dispositions | |
| Avail. Disp. | same as summary |
| Maximum | 5 years |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
Legislation
[edit | edit source]Pointing a firearm
87. (1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded.
...
R.S., 1985, c. C-46, s. 87; 1995, c. 39, s. 139.– CCC
Proof of Offence
[edit | edit source]- ♰ identity of accused
- ♰ date and time of incident
- ♰ jurisdiction (incl. region and province)
- ♰ the accused possessed an object
- ♰ the object was a firearm
- ♰ description of the firearm / ballistics test report
- ♰ the accused pointed it at a person
The essential elements to prove are those in bold.
Interpretation
[edit | edit source]Section 2 defines "firearm".
This offence does not include imitation firearms.[1]
Careless Use of a Firearm is not an included offence to pointing a firearm.[2]
- ↑ R. v. A.W., 2012 ONCA 778
- ↑ R. v. Copp, 2009 NBCA 16 (CanLII)