R. v. Hartt

R. v. Hartt

Possession under s.103 creates only prima facie evidence allowing an inference; the Crown failed to prove beyond a reasonable doubt that the defendant shot or was present when the deer was shot and there was no evidence he assisted at the time of the killing under s.104; therefore the defendant must be acquitted of...

Source-derived case information.

Citation
2005 NSPC 47
Parties
Crown: Her Majesty the Queen; Defendant: Abner Reid Hartt
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 March 2005
Procedural Posture
Criminal (wildlife Act Offences) / Trial Judgment (acquittal)
Outcome
Defendant acquitted of all charges
Legal Topics
Hunting, Possession of Wildlife, Party Liability, Prima Facie Evidence, Reasonable Doubt, Statutory Interpretation
Source Language
english
Wildlife Law Criminal Law Evidence Hunting Possession of Wildlife Party Liability Prima Facie Evidence Reasonable Doubt +1 more

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Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

Abner Reid Hartt

Defendant

Procedural Posture

Criminal (wildlife Act Offences) / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether the defendant's actions constituted 'hunting' under s.2(ad) of the Wildlife Act
  2. 2 Whether possession of the deer gives prima facie evidence under s.103 that the defendant killed the deer
  3. 3 Whether the defendant was a party to the offence under s.104

Ratio Decidendi

Possession under s.103 creates only prima facie evidence allowing an inference; the Crown failed to prove beyond a reasonable doubt that the defendant shot or was present when the deer was shot and there was no evidence he assisted at the time of the killing under s.104; therefore the defendant must be acquitted of the charges.

Court Disposition

Defendant acquitted of all charges

Orders

  • Defendant found not guilty and acquitted of charges under s.39(2), s.80(1) and s.86(1) of the Wildlife Act.