Canadian Criminal Law/Offences/Discharging a Firearm

From Wikibooks, open books for an open world
Jump to: navigation, search

Legislation[edit]

Discharging firearm with intent
244. (1) Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person — whether or not that person is the one at whom the firearm is discharged.

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

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, five years, and
(ii) in the case of a second or subsequent offence, seven years; and
(b) in any other case, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years.

...

R.S., 1985, c. C-46, s. 244; 1995, c. 39, s. 144; 2008, c. 6, s. 17; 2009, c. 22, s. 7.

Causing bodily harm with intent — air gun or pistol
244.1 Every person who, with intent

(a) to wound, maim or disfigure any person,
(b) to endanger the life of any person, or
(c) to prevent the arrest or detention of any person,

discharges an air or compressed gas gun or pistol at any person, whether or not that person is the person mentioned in paragraph (a), (b) or (c), is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

1995, c. 39, s. 144.

Discharging firearm — recklessness
244.2 (1) Every person commits an offence

(a) who intentionally discharges a firearm into or at a place, knowing that or being reckless as to whether another person is present in the place; or
(b) who intentionally discharges a firearm while being reckless as to the life or safety of another person.

Definition of “place”
(2) For the purpose of paragraph (1)(a), “place” means any building or structure — or part of one — or any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

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

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of or in association with a criminal organization, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of
(i) five years, in the case of a first offence, and
(ii) seven years, in the case of a second or subsequent offence; and
(b) in any other case, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years.

...

2009, c. 22, s. 8.

CCC

Proving the Offence[edit]

Discharging with Intent to Wound[edit]

The Crown must prove:[1]

  1. the accused discharged a firearm
  2. the accused actually intended to wound the complainant and not scare or threaten him; and
  3. a wound resulting to the complainant
  1. R. v. Foti, 2002 MBCA 122 (CanLII)