Hunter who fatally shot another after mistaking him for an elk sentenced to 7 months

Did you even read the article?

In March, Adamko pleaded guilty in Melfort provincial court to careless use of a firearm and unauthorized possession of a firearm.
Click to expand...

Sentence is not particularly unusual in that respect.
 
There is a very real tendency on the part of the Canadian legal system to tread lightly on actual gun crimes and I believe this is because the powers that be want to get guns banned before they start actually doing anything effective about reducing their use in crimes. If they were to succeed in reducing such crimes, the reason for the banning would be gone and they can't have that. Which said, if it was an actual honest and 'accidental' shooting the sentence here isn't too bad but if it was a damnfool outright stupid shooting the guy should get a lifetime prohibition like felons do in the USA, did not notice that in the article.
 
Big Bad said:
There is a very real tendency on the part of the Canadian legal system to tread lightly on actual gun crimes ...
Click to expand...

Where's the actual proof of that? Any statistics that perpetrators of gun crime receive lighter sentences than those not involving guns?

Edit: A lifetime firearms prohibition has apparently been imposed, as well.
 
Last edited:
The article doesn't seem to mention that the dead guy was trespassing at the time. Also they find time to mention it was after sunset, without saying legal shooting time is 1/2 hour after sunset.
 
CV32 said:
Where's the actual proof of that? Any statistics that perpetrators of gun crime receive lighter sentences than those not involving guns?
Click to expand...

If you were a fair observer you would have noticed the two word phrase "I believe." And you would not be putting words in my mouth or assigning a claim or meaning I never intended.

It's called an observation. I'm not writing a doctoral thesis on here you know.
 
Big Bad said:
If you were a fair observer you would have noticed the two word phrase "I believe." And you would not be putting words in my mouth or assigning a claim or meaning I never intended. It's called an observation. I'm not writing a doctoral thesis on here you know.
Click to expand...

If I was a 'fair observer' I suppose I'd ask a simple question about how a person came to a certain conclusion or why they believe a certain thing. Ya know, like I was woke. But alas, it is apparently unfair to do so ... my apologies.
 
Last edited:
CV32 said:
Did you even read the article?
Sentence is not particularly unusual in that respect.
Click to expand...

Right, except that he had originally been charged with criminal negligence causing death,
Criminal Code.

220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.
Click to expand...

So if criminal negligence is the charge that the police laid after their investigation, which carries a minimum of 4 years prison, 7 months seems a bit light.

Especially considering that being convicted on a charge of careless use readily gives way to a conviction on a charge of manslaughter as well. And on conviction of manslaughter is by implication guilty of Section 85 of the code, using a firearm to commit manslaughter, which nets an additional one year minimum which MUST be consecutive.

CV32 said:
Where's the actual proof of that? Any statistics that perpetrators of gun crime receive lighter sentences than those not involving guns?
Click to expand...

This is a fallacious argument because you can't be convicted of a gun crime if you didn't actually use a gun.

The fact is that LICENSE holders convicted of the same sentences as NON-LICENSE holder appear to get lighter sentences, despite all the hysteria here that gun owners will go to jail for all manor of paper crimes.

My quick google fu found 8 cases of accidental shootings in the last 20 years. I obviously didn't find all of them so take this as anecdotal at best.

None of the trial reports or news articles I found even indicate whether or not the gun owner was licensed.

2 of the cases were gang related. 3 were at the home. 3 were hunting related. Asides from the hunting cases, all resulted in homicide convictions, either manslaughter or 2nd degree murder, and the minimum sentence received was 5 years. In all of the hunting cases, it seems no charges were ever laid.

So this particular case seems to be an outlier for two reasons, for people charged, the sentence seems low given the circumstances. On the other hand, it seems inconsistent that he was charged at all.

Kelly Timoffee said:
IMO there was a very poor prosecutor in this case when you consider all the factors and what the guilty party actually did.
Click to expand...

Do we know all the factors? A news paper article most certainly would not have covered them all. DO you have a link to the trial judgement?
 
Seems a bit lenient for Unauthorized possession of a firearm, no? If gun crime is such a big issue shouldn't we be punishing the unauthorized to a greater extent?
 
Cameron SS said:
Right, except that he had originally been charged with criminal negligence causing death, Criminal Code.
Click to expand...

Plea bargaining to a lesser charge(s) is quite ordinary. The agreed statement of facts is the tip off. And, of course, the judge is only going to impose a sentence for the charge(s) for which the accused has actually been convicted, rather than what was originally charged. This sentence falls within the range for such offences.

This is a fallacious argument because you can't be convicted of a gun crime if you didn't actually use a gun. The fact is that LICENSE holders convicted of the same sentences as NON-LICENSE holder appear to get lighter sentences, despite all the hysteria here that gun owners will go to jail for all manor of paper crimes. My quick google fu found 8 cases of accidental shootings in the last 20 years. I obviously didn't find all of them so take this as anecdotal at best. None of the trial reports or news articles I found even indicate whether or not the gun owner was licensed. 2 of the cases were gang related. 3 were at the home. 3 were hunting related. Asides from the hunting cases, all resulted in homicide convictions, either manslaughter or 2nd degree murder, and the minimum sentence received was 5 years. In all of the hunting cases, it seems no charges were ever laid. So this particular case seems to be an outlier for two reasons, for people charged, the sentence seems low given the circumstances. On the other hand, it seems inconsistent that he was charged at all.
Click to expand...

The belief or perception that gun crime offenders receive relatively light sentences is not grounded in reality. Probably a function of information gathering from media articles rather than actual sentencing decisions.
 
Last edited:
Suther said:
Seems a bit lenient for Unauthorized possession of a firearm, no? If gun crime is such a big issue shouldn't we be punishing the unauthorized to a greater extent?
Click to expand...

It would be useful to have the actual decision in hand, with all of the facts pertinent to sentencing, rather than just the media's interpretation of it, but I expect this was a case of Adamko borrowing a firearm (perhaps even from the fellow he accidentally killed) to go hunting. And straying from his partner's immediate supervision in the process. Not the usual case you might see from the proverbial 'gangster'.

Edit: Apparently there were hunting separately.
 
Last edited:
CV32 said:
It would be useful to have the actual decision in hand, with all of the facts pertinent to sentencing, rather than just the media's interpretation of it, but I expect this was a case of Adamko borrowing a firearm (perhaps even from the fellow he accidentally killed) to go hunting. And straying from his partner's immediate supervision in the process. Not the usual case you might see from the proverbial 'gangster'.
Click to expand...

Negative, Darchuk was hunting alone and the two weren't known to each other I believe.
 
Kelly Timoffee said:
Negative, Darchuk was hunting alone and the two weren't known to each other I believe.
Click to expand...

Okay. The dangers of trying to interpret a media article. The following excerpt from another article has that tidbit:

Darchuk and Adamko had been hunting, separately, south of Weirdale on Sept. 16, 2017. Darchuk was walking back to his truck through the field, wearing a red hoodie and camouflage backpack, when he was fatally shot in the chest.
Click to expand...
source
 
Big Bad said:
There is a very real tendency on the part of the Canadian legal system to tread lightly on actual gun crimes and I believe this is because the powers that be want to get guns banned before they start actually doing anything effective about reducing their use in crimes. If they were to succeed in reducing such crimes, the reason for the banning would be gone and they can't have that. Which said, if it was an actual honest and 'accidental' shooting the sentence here isn't too bad but if it was a damnfool outright stupid shooting the guy should get a lifetime prohibition like felons do in the USA, did not notice that in the article.
Click to expand...

That seems to be a little bit of a tin foil hat conspiracy theory.
 
Clearly the shooter was poaching! He shouldn't be shooting after sunset for starters. And he obviously didn't make sure that he was shooting a legal animal! It was a disgraceful act and he got off easy IMO. Condolences to the family
 
Sharter said:
Clearly the shooter was poaching! He shouldn't be shooting after sunset for starters. And he obviously didn't make sure that he was shooting a legal animal! It was a disgraceful act and he got off easy IMO. Condolences to the family
Click to expand...

The family has had it rough, his father was killed by an intoxicated driver a few years ago.
 
You must log in or register to reply here.
Back
Top Bottom