Free Consultation: 416-428-2760
Toronto Weapons Dangerous LawyerMichael P. Juskey is a Toronto Weapons Dangerous Lawyer that is here to fight for you. Possession of a Weapon for a Dangerous Purpose is a serious offence that is set out in section 88 of the Criminal Code of Canada. Common senses dictates that many objects can be used as a weapon such as: a gun, a baseball bat, a hammer or a knife. The law goes much further than this. Section 2 of the Criminal Code of Canada defines a weapon as, “any thing used, designed to be used or intended for use in causing death or injury to any person, or for the purpose of threatening or intimidating any person.”
The Criminal Code also clarifies the obvious by indicating that a firearm is a weapon. Any object or thing that is designed or used to tie somebody up against their will is also a weapon. According to the definition above, anything can be a weapon. From a technical standpoint a weapon could include: a sandwich, a chair, an ice cube or saliva (spitting on somebody is Assault with a Weapon).
The crown attorney must prove that the accused was in possession of a weapon, that the purpose of the possession was one which is dangerous to the public peace and that there was a danger to the public peace. Context is important with these charges as many individuals are in possession of “weapons” (as defined by the criminal code) for innocent and/or defensive reasons. Inferences commonly come into play in these cases and the crown attorney will often lead evidence as to the circumstances of any use of the weapon in addition to any utterances or conversations that form part of the allegations.
Possession of a Weapon for a Dangerous Purpose is a hybrid offence which gives the crown attorney the option of proceeding by summary conviction or by indictment. If the crown elects to proceed by way of summary conviction the maximum sentence is a $5,000 fine and/or six months in jail. If the crown proceeds by indictment the maximum sentence is ten years in a penitentiary,