R. v. Grossetete, (1982) 43 A.R. 321 (NWTTC)
Judge | Bourassa, J. |
Court | Territorial Court of Northwest Territories (Canada) |
Case Date | December 16, 1982 |
Jurisdiction | Northwest Territories |
Citations | (1982), 43 A.R. 321 (NWTTC) |
R. v. Grossetete (1982), 43 A.R. 321 (NWTTC)
MLB headnote and full text
R. v. Grossetete
Indexed As: R. v. Grossetete
Northwest Territories Territorial Court
Bourassa, J.
December 16, 1982.
Summary:
The accused was convicted of having possession of a weapon dangerous to the public peace contrary to s. 85 of the Criminal Code of Canada. He had a previous conviction for careless use of a firearm contrary to s. 84(2), for which he was prohibited from possessing a firearm for two years pursuant to s. 98(2). On sentencing for the unlawful possession charge the Crown intended to seek an increased prohibition order under s. 98(1), but did not give the accused notice of the intention pursuant to s. 592.
The Northwest Territories Territorial Court held that notice of intention to seek an increased punishment should have been given, because a prohibition order constitutes punishment.
Criminal Law - Topic 5602
Punishments - Punishment - Defined - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 98(1) - The Northwest Territories Territorial Court held that a prohibition order respecting the possession and use of firearms constitutes punishment.
Criminal Law - Topic 5606
Punishments - Increased punishment for prior convictions - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 592 - The Northwest Territories Territorial Court held that a prohibition order respecting the possession and use of weapons was a punishment and notice of intention to seek an increased prohibition order for a subsequent offence was required.
Criminal Law - Topic 5799
Punishments - Prohibition orders - Respecting firearms - The Northwest Territories Territorial Court held that a prohibition order respecting the possession and use of weapons was a punishment and notice of intention to seek an increased prohibition order for a subsequent offence was required.
Cases Noticed:
R. v. Johnson (1972), 17 C.R.N.S. 255 (B.C.C.A.), appld. [para. 6].
R. v. Desmarais (1971), 3 C.C.C.(2d) 523 (Que. C.A.), appld. [para. 7].
Statutes Noticed:
Criminal Code of Canada, R.S.C. 1970, c. 34, sect. 98(1) [para. 3]; sect. 592 [para. 5].
Authors and Works Noticed:
Black's Law Dictionary (5th Ed., 1979) [para. 7].
Oxford English Dictionary [para. 7].
Counsel:
Geoffrey M. Bickert, for the Crown.
Clark Rehn, for the defence.
This case was heard before BOURASSA, J., of Northwest Territories Territorial Court, who delivered the following judgment on December 16, 1982:
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R. v. Jobb, (1988) 67 Sask.R. 315 (CA)
...5799 Punishments - Prohibition orders - Respecting firearms - [See Criminal Law - Topic 5606 above]. Cases Noticed: R. v. Grossetete (1983), 43 A.R. 321, (N.W.T.T.Ct.), agreed with [para. R. v. Sheehan (1976), 16 N.B.R.(2d) 43; 21 A.P.R. 43 (C.A.), refd to. [para. 6]. R. v. Ronaghan (1984),......
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R. v. Jobb, (1988) 67 Sask.R. 315 (CA)
...5799 Punishments - Prohibition orders - Respecting firearms - [See Criminal Law - Topic 5606 above]. Cases Noticed: R. v. Grossetete (1983), 43 A.R. 321, (N.W.T.T.Ct.), agreed with [para. R. v. Sheehan (1976), 16 N.B.R.(2d) 43; 21 A.P.R. 43 (C.A.), refd to. [para. 6]. R. v. Ronaghan (1984),......