INTRODUCTION AND BRIEF DESCRIPTION
Offences under subsection (1) or (2) are indictable and carry a sentence of up to 14 years in prison, with a minimum imprisonment of one year for first time offenders and three years for repeat offenders.
85(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, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year; and (b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of three years. (c) [Repealed, 2008, c. 6, s. 3]
Section 85(3) of the Criminal Code of Canada pertains to the offence of using a firearm in the commission of certain offences, such as robbery or kidnapping. It describes the penalties that offenders will face if found guilty of this offence. The section outlines that individuals who commit this offence may be charged with an indictable offence, which is a serious criminal offence that carries potential imprisonment. The maximum penalty for a first offence is fourteen years' imprisonment, and the minimum punishment is one year's imprisonment. For a second or subsequent offence, the maximum penalty remains 14 years' imprisonment, but the minimum punishment increases to three years. The primary objective of this section is to deter individuals from using firearms in criminal offences by imposing significant penalties. The potentially lengthy imprisonment term and mandatory minimum punishment for this offence aim to convey to offenders the gravity of their actions and to prevent them from using firearms in future offences. Overall, Section 85(3) represents the Canadian government's commitment to taking a firm stance on gun violence. By imposing substantial penalties, the Criminal Code aims to deter individuals from using firearms in criminal activity, thereby helping to maintain public safety.
Section 85(3) of the Criminal Code of Canada stipulates the penalties for offenses committed under subsections (1) and (2). These subsections relate to the possession and use of a firearm during the commission of an offense. Any individual who commits an offense under either subsection is guilty of an indictable offense, which implies a serious criminal charge that may result in significant prison time for the offender. In addition to being charged with an indictable offense, a first-time offender under subsections (1) or (2) will be liable to a sentence of imprisonment for up to 14 years, and must also face a minimum punishment of imprisonment for a term of one year. A second or subsequent offender, meanwhile, is subject to the same maximum sentence but with a minimum punishment of imprisonment for a term of three years. The penalties outlined in Section 85(3) of the Criminal Code of Canada are severe, and they serve to emphasize the dangers and seriousness of possessing or using a firearm in the commission of an offense. The minimum sentence provisions within this section provide additional guidance to the judiciary, which can be useful in ensuring consistent and proportionate sentencing. The minimum sentencing provisions contained in this section have been widely debated in recent years, with some arguing that they are overly prescriptive and limit the ability of judges to consider specific circumstances when sentencing an offender. Critics claim that mandatory minimums can lead to disproportionately harsh sentences being imposed for minor offenses, ultimately undermining faith in the justice system. Proponents of mandatory minimums support the provisions outlined in Section 85(3) of the Criminal Code of Canada, arguing that they serve as a deterrent to would-be offenders and help to protect society from dangerous individuals. Additionally, these measures are intended to ensure that offenders face appropriately severe consequences for their actions, regardless of the specific circumstances of their cases. There are no easy answers when it comes to the issue of mandatory minimums, and there is likely to continue to be extensive debate and discussion around their merits and drawbacks. Ultimately, it is up to lawmakers and judges to determine the best way forward, taking into account both the need for deterrence and proportionality in sentencing, as well as public safety concerns and individual rights.
Section 85(3) of the Criminal Code of Canada refers to the offence of using or possessing a firearm in the commission of an indictable offence. The seriousness of this offence is reflected in the high penalties it carries, including a minimum sentence of one year imprisonment for first-time offenders and three years imprisonment for repeat offenders. When dealing with this section of the Criminal Code, there are several strategic considerations that law enforcement agencies and prosecutors must keep in mind. One important consideration is the need to gather strong evidence that demonstrates the accused had knowledge of the firearm and intended to use it in the commission of the offence. This can be challenging since firearms can be concealed and difficult to trace, making it vital to have strong investigative skills and resources. Another consideration is the potential for the defence to argue that the accused was not aware of the firearm being present or did not intend to use it in the commission of the offence. In such cases, it is crucial to identify any witnesses or physical evidence that can support the prosecution's argument that the accused had knowledge and intent. When prosecuting this offence, it is also important to consider the severity of the underlying offence that the firearm was used in the commission of. If the underlying offence is particularly serious or violent, this can impact the sentence imposed for the firearm offence. Strategies that could be employed when dealing with Section 85(3) of the Criminal Code include working closely with law enforcement agencies to gather strong evidence, carefully assessing the strength of the case before proceeding with charges, and developing persuasive arguments that demonstrate the accused's knowledge and intent to use the firearm in the commission of the offence. Additionally, prosecutors may consider plea negotiations or plea agreements for accused individuals who are willing to provide assistance in ongoing investigations or prosecutions. This can be particularly effective in cases where the accused may have valuable information about other criminal activities. In conclusion, there are several strategic considerations when dealing with Section 85(3) of the Criminal Code of Canada, which is a serious offence that carries high penalties for offenders. Effective investigative techniques, a thorough understanding of the law, and persuasive arguments are essential in prosecuting these cases and achieving successful outcomes for victims of crime and the community at large.