PART III                            S. 85


Offences Related to the Use of Firearms and other Offensive Weapons


Use of firearm during commission of offence, etc. -
Sentences to be served consecutively.

  85. (1) Every one who uses a firearm

  (a)  while committing or attempting to commit an indictable offence, or

  (b)  during his flight after committing or attempting to commit an
  indictable offence, whether or not he causes or means to cause bodily
  harm to any person as a result thereof, is guilty of an indictable
  offence and liable to imprisonment

  (c)  in the case of a first offence, except as provided in paragraph
  (d), for not more than fourteen years and not less than one year, and

  (d)  in the case of a second or subsequent offence, or in the case of
  a first offence committed by a person who, prior to January 1 , 1978,
  was convicted of an indictable offence or an attempt to commit an
  indictable offence, in the course of which or during his flight after
  the commission or attempted commission of which he used a firearm,
  for not more than fourteen years and not less than three years.

  (2) A sentence imposed on a person for an offence under subsection
(1) shall be served consecutively to any other punishment imposed on
him for an offence arising out of the same event or series of events
and to any other sentence to which he is subject at the time the
sentence is imposed on him for an offence under subsection (1).