Kenway Case Summary

Facts:
In 1990, Kenway, a member of the Canadian Armed Forces was arrested for possession of a weapon for purpose dangerous to the public peace. This was due to two separate incidents where he threatened two young children and their mother going as far as to say the following to the mother: “Listen, Evey, can I tell you something serious? I am going in the house. I am going to get my gun and blow your brains out all over the wall”. Following this, Kenway went to retrieve a Smith and Wesson .357 Magnum handgun from his apartment. He loaded it with one bullet and pointed it at the mother. Luckily for her, a neighbour convinced Kenway to give up the loaded gun. At trial he was convicted and placed on probation for one year and was barred from the use of firearms for five years with the exception of possession while on active duty for the Canadian Forces. The crown being unsatisfied with the decision of the trial judge brought the case to the Ontario Court of …show more content…
For the next five years, Kenway would not be allowed to have any firearms, ammunition, or explosive substances other than petroleum for usage of fuel, with no exceptions made for him when he was performing his duties as a member of the Canadian Forces. With regards to the appeal to the sentencing of Kenway, the judge refused to send him to prison because he had no reason to believe that an incident like this would happen again. This was evident due to a number of reasons regarding his positive family and military background as well as his general demeanor in the past. The evidence of past experiences clearly showed that Kenway was no threat to the general public and the appeal to sentencing was struck down. Overall, the appeal was allowed in part, having Kenway barred from any usage of firearms for the five years following his

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