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Elements of Using Firearm (Or Imitation) In Commission of Offence

Date, Time and Location

Identity Of The Accused

Grounds for Search

  • How was the firearm located


Information About the Firearm or Imitation

  • The Firearm meets the legal definition of firearm in Section 2, or
  • The firearm is an imitation firearm (include photo or detailed description)
    • The Firearm or imitation firearm should be sent to be properly classified by an expert


If Using Imitation Firearm 85(2)

  • The accused committed or attempt to commit an Indictable offence with the imitation or,
  • The accused used the firearm during flight to avoid capture


If Using Firearm 85(1)

  • The accused committed or attempted to commit an indictable offence NOT mentioned in Section 85(1)(a) which already have minimum sentences for using a firearm or.
  • The accused use the firearm during flight to avoid capture


Provide evidence for Crown that will prove that the firearm was “used” during the event. Anticipate that the accused will try to argue the firearm was “present” but not “used” in the course of the event.

Related Links:
Statutory Word for Using Firearm in Commission of Offence