Gun and Weapons Offences

***Click on the case name in order to read the full judgment***

R v. Sivagurnathan [2005] - Evidence of a loaded handgun was excluded from the evidence at trial after the Judge ruled that the gun was found as a result of an illegal search after Sivagurnathan's arrest. The result of this ruling was that Mr. Sivagurnathan was acquitted of all of his charges. Counsel: Christian Angelini

R v. Kerr [2005] - The evidence of a police officer was disbelieved by the Judge on the issue of whether the officer could see the bulge of a handgun in the waist area of Mr. Kerr. The Judge concluded that Kerr was likely searched illegally before the handgun was discovered. Mr. Kerr was acquitted of being in possession of a handgun as a result of the Judge's ruling.  Counsel: Nathan Gorham

R v. Dennis [2005] - This is a case where evidence of marijuana possession, weapons, breach of bail and obstructing police are excluded from evidence at trial resulting in an acquittal due to the illegal stop, search and questioning by a Peel police officer of a passenger in a motor vehicle without just cause. The Judge found that the police officer had lied about the fact that Mr. Dennis did not have his seatbelt on in order to further an otherwise impermissible line of questioning. Counsel:

R v. McKennon. [2004] - This is a case about two young men who were stopped and had their vehicle  illegally searched by Peel police. After officers discovered a handgun in the car, the officers fabricated the reason to pull over the car in the first place. The officers claimed that they had stopped the car because the passenger was not wearing his seatbelt. This claim was rejected by the Judge and the evidence of the handgun found in the car was excluded at trial. Mr. McKennon was acquitted of being in possession of a handgun as a result of this unlawful detention. Counsel: Reid Rusonik

R v. Odulate and Brady [2001] - Odulate and Brady, who were both represented by lawyers from Pinkofskys, were found not guilty of attempted murder, aggravated assault, assault while using a knife, and not guilty of possession of a knife for the purpose of committing an indictable offence. Counsel: Liam O'Connor and Counsel: Douglas Usher

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