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Unlawful Possession
What is a Weapon?
Certain items, like firearms and explicitly listed illegal objects such as brass
knuckles or crossbows, always fall under the legal definition of a weapon.
Others, like pocket knives or hunting knives, are considered weapons if they
are "used, designed to be used, or intended for use in causing death or injury
to any person or for the purpose of threatening or intimidating any person." The Crown Attorney must prove that the item meets this definition or falls within a list of prohibited weapons to establish its classification as a weapon.
What is Considered a Purpose Dangerous to the Public’s Peace?
A purpose dangerous to the public’s peace involves disrupting the "normal
state of society" and disturbing "the general peace and order of the realm as
provided for by law." It signifies "unquiet and harmful behavior towards the
Queen and her people," according to various legal definitions.
What if I am Not Found with the Weapon in a Public Place?
Possession of weapons in one's home or a private place does not preclude a
finding of a purpose dangerous to the public peace. This applies even if the
weapon's use, giving rise to the charge, occurs entirely in private.
What if I Was Extremely Intoxicated at the Time I Possessed the
Weapon? Is Intoxication a Defense to This Offense?
The Crown must demonstrate that the accused not only possessed the weapon but did so with the added purpose of disturbing the peace or committing a crime. If the accused was too intoxicated to form the specific intent required for the full offense, they may be found not guilty.
What if I Originally Possessed the Weapon for a Lawful Purpose but
Later Used It as a Weapon? Will I be Found Guilty of the Offense?
Using an item lawfully possessed as a weapon may not lead to a finding of
possession for a dangerous purpose. However, the individual may be found guilty
of another offense, such as assault with a weapon. Unpremeditated use of a
weapon initially possessed for a lawful purpose does not necessarily reflect
possession for a purpose dangerous to the public peace.
Is it Okay for Me to Possess a Weapon for Self-Defense?
There is no clear-cut answer. While some courts have held that possession of a
weapon solely for self-defense reasons may not trigger the offense, opinions
vary. The analysis becomes highly fact-specific.
Can I Argue That I Was Illegally Searched by the Police?
Many weapon possession cases are won on the basis that evidence obtained by
the police is excluded due to an illegal search, stop, or interrogation by officers,
leading to the discovery of the weapon.
What are the Types of Punishments I Can Face for Possessing a Weapon?
Sentences for possessing a weapon dangerous to the public can range from a
maximum of 10 years in prison if prosecuted by indictment to a maximum of six
months in jail if prosecuted by summary conviction. A first-time offender or
someone with a minor record may potentially avoid jail or a criminal record with
the right legal representation.
If charged with possession of a weapon for a dangerous purpose, it's crucial to contact a criminal lawyer promptly to determine the best defense for this type of criminal charge.
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