R. v. Morin (C.), (1998) 63 O.T.C. 221 (GD)

• Judge: Salhany, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: April 03, 1998
• Jurisdiction: Ontario
• Citations: (1998), 63 O.T.C. 221 (GD)

R. v. Morin (C.) (1998), 63 O.T.C. 221 (GD)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. MY.130

Her Majesty The Queen v. Claude Morin

Indexed As: R. v. Morin (C.)

Ontario Court of Justice

General Division

Kitchener

Salhany, J.

April 3, 1998.

Summary:

The accused was convicted of carrying a concealed weapon and possessing a restricted weapon. The charges arose from an incident where the accused was found to be carrying a loaded revolver. The accused, a former biker, claimed that he was carrying the weapon for protection because he had heard that there was a contract on his life. The accused had an extensive criminal record between 1967 and 1980. His last conviction was in 1991 for assault. The accused now suffered from multiple sclerosis. The accused's counsel submitted that a conditional sentence was appropriate. He contended that the accused posed no danger to the public because of his medical condition and that a term of imprisonment would be a harsh punishment because of his disability.

The Ontario Court (General Division) imposed a sentence of one year of imprisonment. The court held that a conditional sentence was not appropriate. The accused carried a loaded revolver for protection from the possibility that someone would try to harm him and that risk of harm posed a danger to the community. Such conduct also required denunciation.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - See paragraphs 25 to 30.

Criminal Law - Topic 5848.3

Sentencing - Considerations on imposing sentence - Medical - See paragraphs 21 to 22.

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - See paragraph 28.

Criminal Law - Topic 5871

Sentence - Possession and use or sale of weapons (incl. concealed weapon) - See paragraphs 1 to 30.

Cases Noticed:

R. v. Singh (1983), 8 C.C.C.(3d) 38 (Ont. C.A.), refd to. [para. 5].

R. v. Felawka, [1993] 4 S.C.R. 199; 159 N.R. 50; 33 B.C.A.C. 241; 54 W.A.C. 241; 85 C.C.C.(3d) 248, refd to. [para. 14].

R. v. L.J.S. (1997), 101 O.A.C. 34; 116 C.C.C.(3d) 477 (C.A.), refd to. [para. 14].

R. v. Pierce (M.) (1997), 97 O.A.C. 253; 114 C.C.C.(3d) 23 (C.A.), refd to. [para. 19].

R. v. J.W. (1997), 99 O.A.C. 161; 115 C.C.C.(3d) 18 (C.A.), refd to. [para. 19].

R. v. Biancofiore (N.F.) (1997), 103 O.A.C. 292; 119 C.C.C.(3d) 344 (C.A.), refd to. [para. 19].

R. v. Cossette-Trudel (1979), 52 C.C.C.(2d) 352 (Que. S.P.), refd to. [para. 20].

R. v. Maczynski (J.G.) (1997), 98 B.C.A.C. 301; 161 W.A.C. 301; 120 C.C.C.(3d) 221 (C.A.), refd to. [para. 21].

Counsel:

T. Donnelly, for the Crown;

H. Mattson, for the accused.

This matter was heard on April 3, 1998, before Salhany, J., of the Ontario Court (General Division), who delivered the following oral judgment on the same date.