Mandatory minimum for possession of loaded forearm struck down
The mandatory minimum sentence for a first offence of possession of a loaded firearm was struck down by Justice Molloy today in R v Smickle 2012 ONSC 602. I have a copy of the decision and reasons should anyone need it.
6 comments:
Anonymous
said...
Damn those activist liberal judges interfering with Our Great Conservative mandatory minimums! How dare they... wha?... defending a gun owner from unreasonable firearms legislation?... Who am I supposed to hate here? My head hurts...
If this mandatory minimum remains struck as being cruel and unusual, will this make it more likely for other judges to rule similarly on other blanket mandatory sentences written up by politicians?
Could the judicial branch of Canada's government end up slapping the hand of the legislative/executive for trying to interfere outside of their sphere of experience and responsibility? (and the politicals could go back to legislating the principles that the judges rule on instead of trying to sentence people themselves from far-away Ottawa without ever having even seen the case)
This could indeed be the beginning of a judicial backlash against arbitrary and foolish mandatory sentencing. We'll see. As for who to hate, well, there seems to be plenty of hate to go around!
This is not a defence of gunowners. The guy here was a poser only. If he really was defending himself against the Marxist ZOG Freemason government he would have gotten his three years. So who to hate? Hate none as hate is inefficient but remember who is our true enemy.
Who could have predicted a bozo in his boxer shorts posing for self portraits having his door broken down by police? THIS is why mandatory sentencing is impossible -- because you can never predict what kind of crazy stuff the universe can dish up. sm
The problem is that this judge has created her OWN LAW.
What this judge did is allow any judge in Canada to become an activist instead of relying on the law and case law.
Gay marriage, death penalty, LCBO,Abortion , gun control,speech trials, government controlled health care, milk board, wheat board, regulations and regulations, laws after laws, NONE OF THIS WAS BROUGHT BY THE CITIZENS OF CANADA.
The government and its friends make the laws, not the people of Canada.
6 comments:
Damn those activist liberal judges interfering with Our Great Conservative mandatory minimums! How dare they... wha?... defending a gun owner from unreasonable firearms legislation?... Who am I supposed to hate here? My head hurts...
-a conservative ;p
If this mandatory minimum remains struck as being cruel and unusual, will this make it more likely for other judges to rule similarly on other blanket mandatory sentences written up by politicians?
Could the judicial branch of Canada's government end up slapping the hand of the legislative/executive for trying to interfere outside of their sphere of experience and responsibility? (and the politicals could go back to legislating the principles that the judges rule on instead of trying to sentence people themselves from far-away Ottawa without ever having even seen the case)
This could indeed be the beginning of a judicial backlash against arbitrary and foolish mandatory sentencing. We'll see. As for who to hate, well, there seems to be plenty of hate to go around!
This is not a defence of gunowners. The guy here was a poser only. If he really was defending himself against the Marxist ZOG Freemason government he would have gotten his three years. So who to hate? Hate none as hate is inefficient but remember who is our true enemy.
Who could have predicted a bozo in his boxer shorts posing for self portraits having his door broken down by police? THIS is why mandatory sentencing is impossible -- because you can never predict what kind of crazy stuff the universe can dish up.
sm
The problem is that this judge has created her OWN LAW.
What this judge did is allow any judge in Canada to become an activist instead of relying on the law and case law.
Gay marriage, death penalty, LCBO,Abortion , gun control,speech trials, government controlled health care, milk board, wheat board, regulations and regulations, laws after laws, NONE OF THIS WAS BROUGHT BY THE CITIZENS OF CANADA.
The government and its friends make the laws, not the people of Canada.
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