View Single Post
Old March 6th, 2009, 13:05   #146
The Lettonian
a.k.a. FNG_13
The Lettonian's Avatar
Join Date: Jan 2007
Location: Canuckistan
Send a message via Skype™ to The Lettonian
Pulled out the actual sentencing info and cut it down a bit. I hope I'm not breaking any rules by having this up :-S

But it does explain why there's no news from him. And it's good to know there's no hard jail time involved.


[90] After considering the nature of the offences, the circumstances surrounding the commission of the offences, as well as the circumstances of the offender and the principles and purposes of sentencing, I have concluded that a term of imprisonment in the provincial range and a fine is appropriate as set out below:


On each of the three charges of wilfully evading compliance with the Customs Act by importing prohibited devices for purposes other than those prescribed by a Business Firearms Licence, I impose a sentence of two years less one day, to be served concurrently and a fine of $7,000 on each of the three counts for a total of $21,000. In setting this fine I have taken into account the fact that a forfeiture order will also be made;


On the single charge of transferring a prohibited device otherwise than under authority of the Firearms Act, I impose a sentence of 18 months;


On each of the three charges of importing into Canada prohibited devices other than under the authority of the Firearms Act , I impose a sentence of two years less one day to be served concurrently.

Each of the sentences set out above is to be served concurrently with the others.

[94] After considering all of the circumstances in this case and the principles and purposes of sentencing, I have concluded that, overall, a fit sentence for Mr. Wong is a period of imprisonment for two years less one day and a fine. Mr. Wong will serve this sentence in the community pursuant to a Conditional Sentence Order on the following terms:

(b) You shall not play or in any way participate either directly or indirectly in any Airsoft games in any form;

(c) You shall not have in your possession or in your residence any Airsoft guns or other paraphernalia related to Airsoft games;

(d) You shall not, either directly or indirectly, use or access the Internet for any purpose except as specifically required by your employment and then only for the purpose of and while in the course of your employment. You are specifically prohibited from using the Internet or any video game consoles or other electronic devices to play any Airsoft games, participate in any Airsoft chat rooms or Airsoft related forums or websites;

(e) You shall not work in any capacity, whether for remuneration or on a volunteer basis, for or in any organization, business or enterprise that involves Airsoft games and related products, including but not limited to Airsoft guns;

(h) You shall not participate in any capacity in any business or enterprise that involves the importation, sale, or transfer of any prohibited devices.


During the first 12 months of this sentence: (boils down to house arrest)

During the first 18 months of the sentence: (have a working phone, answer it and your door, and wear a tracking bracelet)


For the last six months of your sentence you will not be subject to any curfew.


[95] The defence did not oppose either of the two ancillary orders sought by the Crown. However, the defence asked the Court to consider the forfeiture as being an element of the sentence imposed. Approximately 67 Replicas were seized which were valued at a minimum of $100 each. Accordingly, the total value of the items seized is approximately $6,700. I have taken this into account in determining the sentence in this case.

Prohibition order

[96] Pursuant to s. 110 of the Code I find this is an appropriate case to exercise my discretion to make a prohibition order and do so. Mr. Wong is hereby prohibited from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things for a period of ten years.

Forfeiture of seized items pursuant to s. 490(9) of the Code

[97] I further order that the items seized from Mr. Wong, pursuant to the search warrant issued during the investigation of this case, be forfeited as set out in s. 490(9) of the Code.
|: Gaudeamus igitur, Juvenes dum sumus :|
Post iucundam iuventutem, Post molestam senectutem
|: Nos habebit humus! :|
Raug, draugi, kā ī kanna mirdz, kā puto alutiņ? Dievs zin, cik ilgi līksmo sirds, lai baudām drīz!
The Lettonian is offline