R. v. Mari

R. v. Mari

The Crown failed to prove guilt beyond a reasonable doubt: the complainant's firearm-related evidence lacked credibility and key details conflicted with objective evidence, the accused's testimony regarding lawful storage in a locked box with a trigger lock was plausible and the police interview questions were unclear as to storage, and under the W.(D.) framework the accused's account raised a reasonable doubt as to assault and the firearms offences, leading to acquittal on all charges.

Citation
2019 NSPC 67
Parties
Crown: R.; Defendant: Asad Mari
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 October 2019
Procedural Posture
Criminal Trial / Decision (provincial Court Conviction Acquittal)
Outcome
Not guilty on all charges
Legal Topics
Assault, Careless Use of Firearms, Contravention of Firearms Storage Regulations, Pointing a Firearm, Credibility Assessment and W.(d.) Analysis
Source Language
English
Criminal Law Firearms Regulation Evidence Assault Careless Use of Firearms Contravention of Firearms Storage Regulations Pointing a Firearm Credibility Assessment and W.(d.) Analysis

Case Brief

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Parties

R.

Crown

Asad Mari

Defendant

Procedural Posture

Criminal Trial / Decision (provincial Court Conviction Acquittal)

Legal Issues

  1. 1 Has the Crown proven assault beyond a reasonable doubt?
  2. 2 Has the Crown proven careless use/handling/pointing of a firearm beyond a reasonable doubt?
  3. 3 Has the Crown proven contravention of firearms storage regulations beyond a reasonable doubt?

Ratio Decidendi

The Crown failed to prove guilt beyond a reasonable doubt: the complainant's firearm-related evidence lacked credibility and key details conflicted with objective evidence, the accused's testimony regarding lawful storage in a locked box with a trigger lock was plausible and the police interview questions were unclear as to storage, and under the W.(D.) framework the accused's account raised a reasonable doubt as to assault and the firearms offences, leading to acquittal on all charges.

Court Disposition

Not guilty on all charges

Orders

  • Accused found not guilty on all charges filed in docket 8304838-41