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Criminal Code of Canada

Paola, Rebecca, Kaveena

Case Law

Facts In Issue

R.v. Steele https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/2376/index.do

Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm,

Original trial judge decision- Guilty on all counts

  • MR. Steele APPEAL from a judgment of the British Columbia Court of Appeal (Appeal was later dismissed)

Reason for appeal:

  • The Court of Appeal unanimously dismissed Mr. Steele’s appeal to that court: (2006), 223 B.C.A.C. 154, 2006 BCCA 114. Huddart J.A., writing for the court, found no proper basis for setting aside any of the convictions entered at trial.

Impact on future officers:

  • If a person where to be charged under this section while doing and B&E the judge could either decided to go with a Break and Entering charged or Section 85 (1)

  • Based on the case law, the reason Mr. Steele appeal is because the judge said "used". In that regard, “possession of a firearm becomes use under section 85 (1) under the criminal code of Canada.

85. (4) C.C.

85. (1) Using firearm in commission of offence

Sentences to be served consecutively

(4) A sentence imposed on a person for an offence under subsection (1) or (2) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1) or (2).

(a) while committing an indictable offence, other than an offence: criminal negligence causing death, manslaughter, attempted murder, discharging firearm with intent, discharging firearm — recklessness, sexual assault with a weapon or aggravated sexual assault, kidnapping or hostage taking, robbery or extortion;

(b) while attempting to commit an indictable offence; or

(c) during flight after committing or attempting to commit an indictable offence.

Scenario

85. (2) C.C.

85. (3) C.C.

Section 85 C.C

Punishment

(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable

(a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year; and

(b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of three years.

(c) [Repealed, 2008, c. 6, s. 3]

Using imitation firearm in commission of offence

(2) Every person commits an offence who uses an imitation firearm

(a) while committing an indictable offence,

(b) while attempting to commit an indictable offence, or

(c) during flight after committing or attempting to commit an indictable offence,

whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.

Use of a Firearm during the commission of an offence

SPECIFIC FACTS IN ISSUE

GENERAL FACTS IN ISSUE

Outside a dwelling house

Firearm (Gun is in plain view)

Gun is discharged

shattered windows

Witness statement (Kaveena Sivamohan)

  • Who?
  • Rebecca Schlorff
  • What?
  • willfully destroys or damages property
  • When?
  • 8:00 a.m
  • February 04 2020
  • Where?
  • 135 Fennell Avenue

Definitions

Bodily harm: any hurt or injury to a person that interferes with the health or comfort of the person and that is more than nearly transient or trifling in nature.

Criminal Negligence: wanton or reckless disregard for the lives or safety of other person

Manslaughter: the crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder.

Recklessness: the person knew (or should have known) that his or her action were likely to cause harm.

Extortion: obtaining money or property by threat to a victim's property or loved ones, intimidation, or false claim of a right (such as pretending to be an IRS agent)

Imitation firearm: anything that imitates a firearm and includes a replica firearm.

Firearm: means a barrelled weapon from which any shot, bullet or projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm.

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