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Ontario court rules mandatory minimum sentence unconstitutional in gun


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#1 olpfan1

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Posted 13 February 2012 - 04:27 PM

Thank goodness for the courts..they are our only saving grace from Harper, the dude didn't even do anything that should warrant house arrest or prison..it wasn't his gun! But I am glad the judge gave him just house arrest
This doesn't bode well for Harpos future mandatory Marijuana sentences

http://www.theglobea...article2336816/

An Ontario Superior Court judge has struck down a mandatory sentence of three years for a firearm offence, saying the sentence would have had grave consequences for a defendant who intended no harm.

Madam Justice Anne Molloy said it would amount to cruel and unusual punishment to impose a three-year sentence on the accused, Leroy Smickle, who was arrested while posing with a loaded gun and striking a “cool” pose.

Instead, Judge Malloy gave Mr. Smickle a one-year conditional sentence to be served under house arrest.

The decision is almost certain to be appealed, putting the courts on a collision course with the Harper government, which has made mandatory minimum sentences a cornerstone of its tough-on-crime justice platform.

Judge Malloy said that the presence of handguns in the community is a grave concern, but that Mr. Smickle’s bad judgment fell well short of dangerous criminal intent.

“To impose such an onerous punishment would, in my view, be grossly disproportionate to what Mr. Smickle deserves for a single act of bad judgment and foolishness,” she said.

Judge Malloy found there was evidence that Mr. Smickle, 30, was holding a loaded firearm when police suddenly smashed down the door of a relative’s apartment where he was staying. Police were executing a search warrant on the owner of the apartment, Mr. Stickle’s cousin, who was believed to be in possession of illegal weapons. Judge Malloy said that Mr. Stickle did not intend to threaten the police, but was merely engaged in the “very foolish act” of posing with the gun while holding his laptop computer in his other hand.

The judge cited the fact that Mr. Stickle, who is right-handed, was holding the gun in his left hand when police burst in. She also said that Mr. Stickle was so startled by the intrusion that he dropped both the gun and his laptop.

Judge Malloy said the mandatory sentence of three years was out of line with Mr. Smickle’s offence, and that elements of the law containing the sentence are “irrational and arbitrary.”

She added that a three-year prison sentence would have a harsh effect on his fiancée and a young child he has from a previous relationship. He would also face great difficulty finding a job after surviving the rigours of three years in prison, she said.

#2 Bryan

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Posted 14 February 2012 - 04:44 AM

Add this to the file of activist judges that should be fired outright.

The police were executing a search warrant for illegal firearms. The guy was found waiving around a loaded illegal firearm. If anything, three years is too lenient.

#3 mentalfloss

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Posted 14 February 2012 - 06:09 AM

So the government gives gun lovers a big win by scrapping the registry and then gives them a 3 year mandatory minimum sentence if they snap a pic with their love.

Happy Valentines Day! :lol:

#4 Topaz

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Posted 14 February 2012 - 07:10 AM

I'm with the judge, everyone deserves a second chance and everyone should be judge by their history with the law. BTW, I wonder how many of the MP's,especially the ones out West, have unregistered guns?

#5 Guest_Peeves_*

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Posted 14 February 2012 - 09:40 AM

I'm with the judge, everyone deserves a second chance and everyone should be judge by their history with the law. BTW, I wonder how many of the MP's,especially the ones out West, have unregistered guns?



While three years might be excessive(debatable), it is time the judges stopped writing the laws and started enforcing them.

The public is hypocritical and want tougher gun registration that does nothing, but wants a guy holding a loaded gun to be treated as a minor infraction. Many want the public to have no access to guns at all.
Can't have it both ways guys.
You're a fickle lot at best.
When it conflicts with a government law, blame Harper. When a guy is caught holding an illegal loaded gun and sentenced, blame Harper. If a guy defends his home from fire bombs, charge him " unsafe storage of a firearm", when a (in this case),illegal cache of guns is found and an appropriate sentence is denied by a judge, it's because of Harper's laws. Not because of the whining gun lobbyists that want stricter gun laws, but Harper's laws. Nonsense!
The Liberals and NDP would have blamed Harper if the judge had let the guy off,if the judge had slapped his wrists, or if he was given 1 year. All they (YOU) need is an opening to take a shot.

Canadians elected our government. A guy holding an illegal loaded gun is breaking the law.

So what sentence would you whiners have doled out?...OH I know... :unsure: LOCK UP HARPER and let the criminalfree and give the judge a medal then all would be right with YOUR world.

These aren't Harper's laws, they are OUR CANADIANS LAWS.I want a judge to do the job they're paid to do, administer the law, not write one of their own.

I hope it's appealed and he gets more time. He gives gun owners a bad name and no gun lobbyists more fodder for their mewling.

#6 olpfan1

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Posted 14 February 2012 - 10:13 AM

Add this to the file of activist judges that should be fired outright.

The police were executing a search warrant for illegal firearms. The guy was found waiving around a loaded illegal firearm. If anything, three years is too lenient.


It was in his friends possession.. he didn't steal it

#7 olpfan1

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Posted 14 February 2012 - 10:16 AM

lol cue the activist judges rant... we need activist judges when the government is unreasonable & ideological

#8 PIK

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Posted 14 February 2012 - 10:19 AM

If I remember correctly did the idiots that killed the kids at colubine, did they not have pics of themselves waving thier guns around, before they went nuts. Send the idiot to jail for at least 3 years.
Toronto, like a roach motel in the middle of a pretty living room.

#9 guyser

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Posted 14 February 2012 - 10:21 AM

If I remember correctly did the idiots that killed the kids at colubine, did they not have pics of themselves waving thier guns around, before they went nuts. Send the idiot to jail for at least 3 years.

If I remember correctly , the price of oranges was at an all time low before the price went nuts/ Send the idiot to jail for life !

About as relevant.

Edited by guyser, 14 February 2012 - 10:21 AM.


#10 Guest_Peeves_*

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Posted 14 February 2012 - 10:36 AM

It was in his friends possession.. he didn't steal it



So then by default your position is that it is rather then, a legal loaded unsafely stored/secured gun he was waving around?

,,and, it was in his possession.

#11 olpfan1

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Posted 14 February 2012 - 10:42 AM

So then by default your position is that it is rather then, a legal loaded unsafely stored/secured gun he was waving around?

,,and, it was in his possession.

what if his friend didnt tell him it was stolen?

#12 Manny

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Posted 14 February 2012 - 10:45 AM

So he was playing with a gun in his apartment. He was making a stupid picture for his facebook page, and cops happened to burst in looking for someone else.

He may be a "goof", but three years is not necessary. In fact no prison time is necessary at all.

#13 The_Squid

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Posted 14 February 2012 - 11:04 AM

Sounds like a reasonable judgement to me...

What is unreasonable is sending an idiot to jail as if he was some sort of criminal.

The funny part is, if the right-wingers on this forum had their way and gun laws were more like the USA's gun laws, what this guy was doing would not even be illegal! But now they want him thrown in jail for three years....

How do they square that circle???

#14 capricorn

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Posted 14 February 2012 - 11:10 AM

The judge cited the fact that Mr. Stickle, who is right-handed, was holding the gun in his left hand when police burst in. She also said that Mr. Stickle was so startled by the intrusion that he dropped both the gun and his laptop.


Stickle is damned lucky the gun didn't go off when he dropped it. Now that would have startled him even more. :lol:
"We always want the best man to win an election. Unfortunately, he never runs." Will Rogers

#15 PIK

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Posted 14 February 2012 - 11:13 AM

If I remember correctly , the price of oranges was at an all time low before the price went nuts/ Send the idiot to jail for life !

About as relevant.

Why? These idiots like to brag before they do it. You guys all screamed about the gun reg , but this happens and it is ok. I read a article today about how the left hates guns umless they are pointed at a con.

Edited by PIK, 14 February 2012 - 11:14 AM.

Toronto, like a roach motel in the middle of a pretty living room.



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