Canadian Criminal Sentencing/Offences/Possession of a Weapon Contrary to an Order
| Possession of a Weapon Contrary to an Order | |
|---|---|
| s. 117.01 of the Crim. Code | |
| Election / Plea | |
| Crown Election | Hybrid |
| Jurisdiction | Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2)) |
| Maximum | 6 months jail or $5,000 fine |
| Indictable Dispositions | |
| Maximum | 10 years |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
Legislation
[edit | edit source]Possession contrary to order
117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.
Failure to surrender authorization, etc.
(2) Every person commits an offence who wilfully fails to surrender to a peace officer, a firearms officer or a chief firearms officer any authorization, licence or registration certificate held by the person when the person is required to do so by any order made under this Act or any other Act of Parliament.
Punishment
(3) Every person who commits an offence under subsection (1) or (2)
- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
- (b) is guilty of an offence punishable on summary conviction.
– CCC
Application
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Ancillary Orders
[edit | edit source]Ranges
[edit | edit source]- R. v. Morrow, 2011 BCCA 155 || 5 years
- R. v. Charles, 2010 ONSC 5437|| 5 months
- R. v. Chan, 2011 NSSC 471|| 1 year
- R. v. Moss, [2006] NJ No 174 (SC)|| 1 year|| also charged w robbery (9 years); guilty plea
- R. v. Boutilier, [2006] NJ No 42 (NLSC)|| also convicted for other firearm offences (3 years)|| 1 year
- R. v. Lavers [2010] NJ No 390 (NLCA)|| 2 months
- R. v. Maddigan, 2009 ONCA 269|| 12 months consecutive|| connection to Hells Angels; also convicted of firearms offences (2 years)
- R. v. Clark, 2008 ABPC 371|| 2 years || also convicted of drug trafficking (4 years)
- R. v. Barnett, 2011 BCPC 320|| 30 months|| also convicted of trafficking (30 months)