WEAPONS & GUNS LAWYERS | BRAMPTON CRIMINAL LAWYERS

 

Weapons & Guns Defense Lawyers from Hundal Law firm Brampton are trained to find success in even the toughest of criminal cases. We are resourceful and research heavy, making each one of our arguments in court to have maximum impact. 

 

88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.

 

Proof of the Offence

Including the elements of time and date, jurisdiction, and identity, the crown must prove:

 

1. that the object was in the possession of the accused,

2. that the object was a weapon as defined in the Criminal Code, and

3. that the purpose for which the respondent had possession was one which was dangerous to the public peace

4. that there was a danger to the public peace

5. continuity of the object

6. the object was filed as an exhibit

 

Speific Items

 

Pellet guns

a starting pistol is an imitation of a weapon.

pellet gun not necessarily a weapon

 

Brass knuckles

Under the Ontario Prohibited Weapons Order in Ontrio No.8 SOR/79-583, brass knuckles are classified as prohibited. 

The crown must prove that the holder of the brass knuckles used or intended to use the item to cause death or injury to persons or intended to use for threats or intimidation.

The intent must be proven subjectively and objectively.

 

Knife

Where a knife is used to intimidate, it becomes a weapon.

 

Bear spray

In certain courts, bear spray has been established as a weapon. It is usually necessary to have forensic expert testimony.

 

Misc Items

A broken piece of glass can be a weapon.

A vehicle can be a weapon.

 

Please contact Hundal law firm for consultation for Robbery charges in Brampton.