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Guns, Firearms & Weapons Offence
Aswani K. Datt defends against very serious crimes that involves the use of guns, firearms, ammunition and other restricted weapons.
Parliament has changed the law of bail so in addition to the standards grounds to deny bail, the bail scheme will be further toughened by requiring the court to specifically consider: (a) the fact that a firearm was allegedly used in the commission of the offence or (b) the fact that the accused faces a minimum penalty of three-years or more imprisonment when they are deciding whether the accused should be released or detained until the trial.
Mandatory Minimum Jail Sentences for Offenses Involving a Firearm:
There are already mandatory minimum jail sentences for many offenses in the Criminal Code. Parliament has changed the law so that the use of a firearm in committing a serious offence will be subject to a significant sentence. If, for example, an offence is gang-related, or if a restricted or prohibited firearm such as a handgun is used, the minimum penalty will be:
- 5 years on a first offence
- 7 years if the accused has one prior conviction involving the use of a firearm to commit an offence
- 10 years if the accused has more than one prior conviction for using a firearm to commit an offence
Other firearm-related offences, such as firearms trafficking and smuggling, or the new offence of robbery where a firearm is stolen, will also be subject to higher escalating minimum penalties:
- 3 years on a first offence
- 5 years if the accused has a serious prior firearm-related conviction
Where there is a minimum jail sentence, there is no chance for a conditional sentence (house arrest).
Contact the Law Office of Aswani K. Datt for a consultation. I offer strategic, intelligent and aggressive advocacy focused on your rights.