INTRODUCTION AND BRIEF DESCRIPTION
Section 87(2) outlines the possible penalties for committing an offence under subsection (1) of the Criminal Code of Canada.
SECTION WORDING
87(2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 87(2) of the Criminal Code of Canada outlines the punishment for those who commit an offence under subsection (1), which deals with the possession of a weapon for a dangerous purpose. This section makes it clear that if a person is found guilty of this offence, they can either be indicted and face imprisonment for up to five years, or be convicted in a summary conviction trial. This section is important because it ensures that individuals who possess a weapon for a dangerous purpose are held accountable for their actions. The Criminal Code of Canada recognizes that the possession of a weapon for a dangerous purpose is a serious offence that could potentially harm individuals and society as a whole. Therefore, those who break this law must be punished accordingly. There are two types of offences under subsection (1) that fall under this section. The first is possession of a weapon for a purpose dangerous to the public peace, which is more serious and can lead to an indictable offence and imprisonment for up to five years. The second is possession of a weapon for a purpose dangerous to oneself or another person, which is less serious and can lead to an offence punishable by summary conviction. Overall, Section 87(2) ensures that those who possess a weapon for a dangerous purpose are held accountable for their actions. It acts as a deterrent to individuals who may consider possessing such items and reinforces the idea that individuals must be responsible for their actions and ensure the safety of society as a whole.
COMMENTARY
Section 87(2) of the Criminal Code of Canada is a provision that outlines the penalties for individuals who commit an offense under subsection (1). This section applies to the offense of "using a firearm during the commission of an offense," and it lays out the options for sentencing. Subsection (1) of section 87 states that "Every person commits an offense who, while committing an offense (a) uses, carries, or possesses a firearm; or (b) knowingly has in his possession any weapon with the intention of using it." Essentially, this means that if an individual is committing a crime and has a firearm with them, they are committing an additional offense under section 87. The penalties for this offense are outlined in subsection (2). There are two possible sentences, depending on the seriousness of the offense. If the offense is minor, it can be punished by summary conviction, which means a lesser sentence. However, if the offense is more serious, it can result in up to five years of imprisonment, indicating that it is an indictable offense. The purpose of section 87 is to deter individuals from using firearms during the commission of a crime. The use of a firearm can significantly increase the danger posed to both the victim and the public, and the penalties for this offense reflect the severity of the situation. Section 87 ensures that individuals who use firearms during the commission of a crime are held accountable for their actions. Overall, section 87(2) of the Criminal Code of Canada provides a clear and concise outline of the possible penalties for individuals who use firearms during the commission of a crime. The provision is an important part of the Canadian justice system, as it works to promote public safety and discourage individuals from engaging in violent or dangerous activities. The severity of the penalties outlined in this provision underscores the seriousness of using a firearm during the commission of a crime and serves as a warning to potential offenders.
STRATEGY
Section 87(2) of the Criminal Code of Canada is a provision that deals with the offence of possessing an unauthorized weapon, such as a firearm or a prohibited weapon. This provision aims to deter and prevent the possession of these weapons, which pose a risk to public safety. This offence is a serious criminal offence, and if convicted, an individual could face a term of imprisonment for up to five years. Strategic considerations when dealing with this section of the Criminal Code of Canada largely depend on the individual case. A criminal defence lawyer would have to look at the specifics of each case and consider the best strategy tailored to the specific facts. However, there are some general strategic considerations that could be employed when dealing with this section. The first strategic consideration is to ensure that a proper defence is established. Depending on the facts of the case, a defence lawyer could employ several strategies, such as challenging the search and seizure of the weapon or arguing that the individual did not possess the weapon knowingly. It is essential to ensure that all the evidence is properly reviewed and that the case is built on a solid defence strategy. Another strategic consideration is to urge the Crown Prosecutor to negotiate a plea agreement. In some cases, it may be more beneficial for the accused to plead guilty to a lesser charge, such as possession of a restricted weapon. This strategy could result in a reduced sentence, avoiding a trial and risk of a harsher punishment. In most cases, the accused may have no prior criminal record, and it may be important to present the accused as a person of good character. This may include presenting evidence of a clean criminal history, good education, employment history, and positive contributions to the community. Such positive character evidence could support a defence strategy, potentially resulting in a lighter sentence or acquittal. The accused's willingness to cooperate with law enforcement and the court system is also an essential factor to consider. An accused who shows remorse and a willingness to change the behaviour that led to the offence may receive a more lenient sentence. In summary, the strategic considerations when dealing with section 87(2) of the Criminal Code of Canada will depend on the specific facts of each case. However, a criminal defence lawyer could employ various strategies, including establishing a proper defence, negotiating a plea agreement, presenting the accused as a person of good character, and cooperating with law enforcement and the court system. Ultimately, an accused's ability to achieve a favourable outcome will depend on the quality of their legal representation and their willingness to take responsibility and cooperate with the legal process.