Canadian Criminal Law/Offences/Pointing a Firearm

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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))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
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]

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]

  1. identity of accused
  2. date and time of incident
  3. jurisdiction (incl. region and province)
  4. the accused possessed an object
  5. the object was a firearm
    1. ♰ description of the firearm / ballistics test report
  6. the accused pointed it at a person

The essential elements to prove are those in bold.

Interpretation[edit]

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]

  1. R. v. A.W., 2012 ONCA 778
  2. R. v. Copp, 2009 NBCA 16 (CanLII)