List of Cases in Joint Mandatory Minimums Appeal Rulings

The Canadian Press, November 12, 2013 | Go to article overview

List of Cases in Joint Mandatory Minimums Appeal Rulings


List of mandatory minimum appeal cases

--

TORONTO - The Court of Appeal for Ontario ruled Tuesday on a set of cases on mandatory minimum sentences for gun crimes. Here is a summary of each of those cases.

R v. Leroy Smickle

Smickle was in his cousin's house in his boxers, posing for a Facebook picture with a loaded handgun, when police burst in with a search warrant for the cousin, who they believed had illegal firearms. Smickle was caught red handed. He was convicted of possession of a loaded prohibited firearm, but the judge ruled that it would be cruel and unusual to send the first-time offender to prison for a "very foolish" act for three years -- the mandatory minimum enacted in 2008. The trial judge declared the sentence law to be unconstitutional and gave him a one-year conditional sentence. The Appeal Court said that sentence was "totally inadequate" and ordered his lawyers to return to court to argue his sentence.

---

R v. Hussein Nur

Nur pleaded guilty to possession of a loaded prohibited firearm. The judge ruled that if the mandatory minimum did not exist, he would sentence Nur to 2 1/2 years. So, he did not find the three-year mandatory minimum to be grossly disproportionate. The judge did raise several scenarios in which the mandatory minimum would be inappropriate, but he decided that could be remedied if the Crown elected to proceed by summary conviction, which is less serious and carries a maximum sentence of one year. Nur challenged the law on the basis that the two-year gap between the maximum summary conviction sentence and the minimum on an indictable offence was arbitrary and contrary to the charter. The judge agreed, but dismissed the challenge on a technicality. The Appeal Court dismissed the two-year gap argument, but ruled the mandatory minimum is cruel and unusual punishment.

---

R v. Frank Meszaros

Meszaros used a loaded shotgun to threaten two people who were fishing in his private trout pond. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

List of Cases in Joint Mandatory Minimums Appeal Rulings
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.