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

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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.

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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.

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R v. Frank Meszaros

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

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