R. v. Lawrence

R. v. Lawrence

The Crown proved exhibit #1 was the shotgun handled by the accused and that the accused’s conduct — failing to check the firearm, assuming it was unloaded, and swinging it in a crowded bedroom — constituted a wanton or reckless disregard for the safety of others such that criminal negligence causing bodily harm was established; the pointing offence was accidental and not proven as intentional, and the careless handling conviction was stayed to avoid multiple convictions.

Citation
2004 NSPC 7
Parties
Crown: Her Majesty the Queen; Accused: Darren Lawrence
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 January 2004
Procedural Posture
Criminal / Trial Judgment
Outcome
Convicted of criminal negligence causing bodily harm; acquitted of pointing a firearm; judicial stay entered on careless handling of a firearm.
Legal Topics
Criminal Negligence Causing Bodily Harm, Careless Handling of a Firearm, Pointing a Firearm, Continuity of Exhibits, Mens Rea/recklessness
Source Language
English
Criminal Law Firearms Law Evidence Criminal Negligence Causing Bodily Harm Careless Handling of a Firearm Pointing a Firearm Continuity of Exhibits Mens Rea/recklessness

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Parties

Her Majesty the Queen

Crown

Darren Lawrence

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether exhibit #1 is a firearm and continuity proven
  2. 2 Whether the accused showed wanton or reckless disregard causing bodily harm (criminal negligence)
  3. 3 Whether the accused handled a firearm in a careless manner

Ratio Decidendi

The Crown proved exhibit #1 was the shotgun handled by the accused and that the accused’s conduct — failing to check the firearm, assuming it was unloaded, and swinging it in a crowded bedroom — constituted a wanton or reckless disregard for the safety of others such that criminal negligence causing bodily harm was established; the pointing offence was accidental and not proven as intentional, and the careless handling conviction was stayed to avoid multiple convictions.

Court Disposition

Convicted of criminal negligence causing bodily harm; acquitted of pointing a firearm; judicial stay entered on careless handling of a firearm.

Orders

  • Conviction entered for criminal negligence causing bodily harm (s.219 Criminal Code).
  • Judicial stay entered on the charge of careless handling of a firearm (s.86(1) Criminal Code) to avoid multiple convictions.