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section 239(1)
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SECTION WORDING
239 (1) Every person who attempts by any means to commit murder 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 any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life 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; (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life.

RELATED LINKS
sexual-assault-reducedIt is unfortunately, no unusual for a complainant with a mental illness to imagine assaults that never occurred. The problem with such witnesses, is that they honestly believe their memories to be true, but in reality, they are not. In this case, the complainant has imagined - in a drug induced stupor - that she had been raped. During cross-examination by Paul Lewandowski, she admitted that she couldn't tell fiction from fantasy. The sexual assault charge was reduced to a simple assault. The client was given a conditional discharge, and was spared a criminal record.
dangerous-offender-status-avoidedA dangerous offender designation is the most serious penalty in Canadian criminal law. Such a finding means that the offender may never be released from prison. In this case, the Crown pursued this application. Instead of life in prison, Mr. Lewandowski had the client released in one year.





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