Offender can 'use' a handgun even without carrying one, top court rules

Mrs Behavin · 07-25-2007, 12:30 AM

Offender can 'use' a handgun even without carrying one, top court rules

Quote:

Threatening someone with a gun may be enough to warrant being charged with a firearms offence, even if one isn't being carried, Canada's top court ruled Friday.

In a unanimous ruling, the nine-member Supreme Court of Canada upheld a court decision in B.C. that convicted a man of gun possession, even though he argued he never had the weapon on him during a break-in four years ago.

It didn't matter whether 25-year-old Andre Omar Steele or his three accomplices carried a gun during the crime, the top court said.

An offender "uses" a firearm when he or she makes it known "by words or conduct" that it is available, and as long as it is on the body or readily available, Justice Morris Fish wrote.

"They [the four B.C. men] repeatedly referred to a firearm in their physical possession or readily at hand in order to facilitate the … offence of break and enter," the ruling said.

Steele was convicted of an October 2003 break-in at a B.C. marijuana grow operation.

According to court documents, Steele and three accomplices warned the residents inside, "We have a gun," and repeatedly told one another to "Get the gun, get the gun."

At one point, one of the men pulled a dark metal object from his inside jacket that was described by the victims as "about the size of a gun."

The four men fled minutes later, but police stopped their getaway car shortly after and found several weapons, including a loaded handgun under the driver's seat.

The judge in the original trial concluded all four men knew a gun was involved.

The B.C. Court of Appeal upheld Steele's conviction and the Supreme Court of Canada agreed, saying the point of gun laws is to reduce crimes, either through intimidation or actual injury.

If a gun was nearby and accessible quickly, then whether or not it was on the criminals was irrelevant, said the ruling Friday from Ottawa.

dt3 · 07-25-2007, 12:30 AM

Makes sense in an odd way...

TheOriginalJames · 07-25-2007, 12:35 AM

Makes really no sense at all. But that is Canada for you, eh.

RecklessTim · 07-25-2007, 12:40 AM

It works that way in the US too. There was a guy who ordered food at a McDonalds. As he got his food he started to lift his shirt as though he was going to get a gun from his belt. With that gesture, he told the kid behind the counter to get him some fries. When the police arrived they arrested him on armed robbery. That was strike 3 for him and he got life in jail... I sure hope those fries were good... Anyway, he WAS charged with armed robbery even though he didn't have a gun.

07-25-2007, 12:30 AM	#2
dt3 Semper Fi Staff Join Date: Mar 2005 Location: Texas Posts: 18,899 Tokenz: 2,150	Re: Offender can 'use' a handgun even without carrying one, top court rules Makes sense in an odd way... __________________ Charter Member of The Conservatives In Exile 11/5/2008

07-25-2007, 12:35 AM	#3
TheOriginalJames Banned Join Date: Feb 2005 Posts: 0	Re: Offender can 'use' a handgun even without carrying one, top court rules Makes really no sense at all. But that is Canada for you, eh.

07-25-2007, 12:40 AM	#4
RecklessTim Proud Father & Administrator Join Date: Feb 2005 Location: Allentown, PA Posts: 7,775 Tokenz: 129,608	Re: Offender can 'use' a handgun even without carrying one, top court rules It works that way in the US too. There was a guy who ordered food at a McDonalds. As he got his food he started to lift his shirt as though he was going to get a gun from his belt. With that gesture, he told the kid behind the counter to get him some fries. When the police arrived they arrested him on armed robbery. That was strike 3 for him and he got life in jail... I sure hope those fries were good... Anyway, he WAS charged with armed robbery even though he didn't have a gun. __________________ Mr President; It has been reported that you are here to "lecture" us on democracy and human rights. But with a record like yours, you will not be very convincing.

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