Robbery and firearm charges result in no prison time: Jason’s case


Robbery with a firearm contrary to Section 344 (1) (a) of the Criminal Code of Canada.

Pointing a firearm contrary to Section 87 of the Criminal Code of Canada

Uttering a threat to cause bodily harm contrary to Section 264.1(1) (a) of the Criminal Code of Canada

BACKGROUND: Jason entered a neighbour’s house insisting that the neighbours call 9-1-1 as he said he had just located two poachers driving all-terrain vehicles, and that he was going to hold them at gunpoint until police arrived. Before leaving the house, Jason showed his neighbours  the .22 caliber rifle he was holding.

When police arrived, they spoke with Jason, who at that time was still carrying his rifle. He said that he had to let the vehicles go, but that police should be able to find them driving on a nearby road. Later in the evening, police received another 9-1-1 call from one of the ATV drivers. The drivers said that they had been held at gunpoint and robbed. He was later arrested for robbery with a firearm, pointing a firearm, and uttering physical threats.

Read the Summary of the Police Allegations


The charges Jason faced were very serious and if Jason were convicted, he would be facing a minimum four year penitentiary sentence. It was my belief that Jason was a non-violent person who was caught in a strange set of circumstances. I knew it would be difficult to have Jason avoid being convicted of an offence, but I wanted to ensure that he did not spend any time in prison.

STRATEGY: I wanted to highlight the fact that Jasonwas not dangerous, and that he never had any intention to use a firearm. He even went out of his way to show his neighbour that his rifle was not loaded. I also worked diligently to gather several character witness statements in this case that would help to have Jason’s sentence be as minimal as possible.

RESULTS: After lengthy and involved discussions with the Crown attorney, this case was resolved without any jail sentence whatsoever. This really was the best possible outcome we could have hoped for in this case.