section 92(3)

INTRODUCTION AND BRIEF DESCRIPTION

Offenders of section 92(1) or (2) are guilty of an indictable offense and may face imprisonment up to ten years, with an added minimum sentence for subsequent offenses.

SECTION WORDING

92(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable (a) in the case of a first offence, to imprisonment for a term not exceeding ten years; (b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and (c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.

EXPLANATION

Section 92(3) of the Criminal Code of Canada deals with the offense of possession of a prohibited or restricted firearm without a license. A prohibited firearm is a firearm deemed illegal by the Canadian government, such as automatic weapons, while a restricted firearm is a firearm deemed suitable only for certain purposes, such as target shooting or sports. The offense of possession of a prohibited or restricted firearm is a strict liability offense, which means that a person can be found guilty of the offense without intending to possess the firearm. If a person is found guilty of the offense under subsection (1) or (2), they are liable for an indictable offense. In case of a first offense, the offender can be imprisoned for up to ten years. In case of a second offense, the offender can be imprisoned for up to ten years and must serve a minimum of one year in jail. In case of a third or subsequent offense, the offender can be imprisoned for up to ten years and must serve a minimum of two years less a day. The sentencing provisions in section 92(3) reflect the seriousness of the offense and the government's efforts to deter people from possessing prohibited or restricted firearms without a license. The provisions take into account the offender's previous convictions and impose stricter punishment for repeat offenders. These provisions, in combination with other firearm-related provisions in the Criminal Code of Canada, aim to reduce gun violence and ensure public safety.

COMMENTARY

Section 92(3) of the Criminal Code of Canada outlines the consequences for committing an offence under subsection (1) or (2). These offences relate to possessing or carrying a weapon for a dangerous purpose or carrying a concealed weapon. The potential consequences of a first offence include imprisonment for a term not exceeding ten years. This is a significant sentence that can have a severe impact on the offender's life. The purpose of imposing such a sentence is to deter individuals from committing such crimes and to also send a message to society that the possession of dangerous weapons will not be tolerated. In the case of a second offence, the penalty becomes more severe. In addition to imprisonment for a term not exceeding ten years, the offender must also serve a minimum punishment of imprisonment for a term of one year. The imposition of a mandatory minimum sentence in this case is reflective of the severity of the offence and the need for deterrence. The most severe penalty is reserved for repeat offenders, with a third or subsequent offence resulting in imprisonment for a term not exceeding ten years and a minimum punishment of imprisonment for a term of two years less a day. The imposition of a mandatory minimum sentence in this case serves as a further deterrent and also reflects the seriousness of this offence. It is worth noting that the Criminal Code of Canada provides for exceptions to these penalties in certain circumstances, such as in cases where the weapon is possessed or carried for a lawful purpose. However, it is ultimately up to the accused to prove that the weapon was being used for a lawful purpose, and failure to do so may result in a conviction and sentencing under section 92(3). The use of mandatory minimum sentences has been the subject of debate and controversy in recent years. Critics argue that these types of sentences do not take into account the individual circumstances of each case and may disproportionately impact marginalized communities. Additionally, mandatory minimum sentences have been criticized for limiting judicial discretion and hindering rehabilitation efforts. However, supporters of mandatory minimum sentences argue that they are necessary to ensure that certain crimes are taken seriously, that penalties are consistent, and that victims are given justice. Overall, while section 92(3) of the Criminal Code of Canada imposes severe penalties for the possession or carrying of dangerous weapons, it is an important tool for deterring this type of behaviour and protecting public safety. However, it is important to balance the need for punitive measures with the individual circumstances of each case and to ensure that justice is served in a fair and proportional manner.

STRATEGY

Section 92(3) of the Criminal Code of Canada deals with offences related to the use of firearms in the commission of another offence. This section prescribes the imprisonment term that a person found guilty of such an offence is liable to receive. When dealing with this section, there are several strategic considerations that the prosecution, defence and accused party need to take into account. One of the primary considerations when dealing with section 92(3) is the severity of the offence. This section prescribes indictable offences, which are much more serious than summary offences. Indictable offences carry significantly higher penalties, including longer prison sentences and higher fines. Therefore, both the prosecution and defence must recognize the severity of the offence and prepare accordingly. Another strategic consideration when dealing with section 92(3) is the burden of proof. To prove the offence, the prosecution must demonstrate that the accused party committed an offence under subsection (1) or (2) of section 92. Additionally, the prosecution must demonstrate beyond a reasonable doubt that the accused party committed the underlying offence while using a firearm. The burden of proof is significantly high in criminal cases because the accused is presumed innocent until proven guilty. Therefore, the prosecution needs to have strong evidence to support their case. When dealing with section 92(3), the defence's primary strategy is to challenge the prosecution's evidence. The defence may also argue that the accused party was not using a firearm during the commission of the underlying offence, or that the accused party did not have knowledge of the firearm. The defence may also challenge the reliability of any eyewitness testimony or forensic evidence presented by the prosecution. The accused party's strategy in dealing with section 92(3) is to cooperate with their lawyer and the court proceedings. It is critical to establish a good attorney-client relationship at the outset of the case. The accused party needs to provide their lawyer with all the necessary information, including all the details of the offence, in order to develop a strong defence strategy. The accused party may also consider cooperating with the prosecution in exchange for reduced charges or a lenient sentence. In conclusion, section 92(3) of the Criminal Code of Canada is a serious offence that carries significant penalties. Both the prosecution and defence need to take strategic considerations into account when dealing with this section. Challenging evidence, recognizing the severity of the offence, and establishing a good attorney-client relationship are key strategies that parties involved in the case may use. It is important to note that the accused party's best strategy will vary based on the details of the case. Therefore, it is crucial to consult with a criminal defence lawyer to discuss the best strategies for the accused party's case.