R. v. Baird

R. v. Baird

Although the Crown proved that one of the two men who fled the accident placed a loaded handgun under the oil tank, the evidence did not prove beyond a reasonable doubt which of the accused (if either) had possession or knowledge of the firearm as required by the Criminal Code; therefore both accused must be acquitted of the firearms charges and related counts.

Citation
2015 NSPC 48
Parties
Crown: Her Majesty the Queen; Defendant: Christopher Paul Baird; Defendant: Cal David Hann
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 August 2015
Procedural Posture
Criminal / Trial Judgment
Outcome
Accused Christopher Paul Baird and Cal David Hann found not guilty on all charges
Legal Topics
Possession, Constructive Possession, Circumstantial Evidence, Canine Scent Tracking, Reasonable Doubt, Identification
Source Language
English
Criminal Law Firearms Offences Controlled Substances Evidence Possession Constructive Possession Circumstantial Evidence Canine Scent Tracking +2 more

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Parties

Her Majesty the Queen

Crown

Christopher Paul Baird

Defendant

Cal David Hann

Defendant

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether either accused was in possession of the firearm found under the oil tank
  2. 2 Whether the Crown proved knowledge of the firearm and lack of licence/registration
  3. 3 Whether the accused were the occupants of the crashed vehicle

Ratio Decidendi

Although the Crown proved that one of the two men who fled the accident placed a loaded handgun under the oil tank, the evidence did not prove beyond a reasonable doubt which of the accused (if either) had possession or knowledge of the firearm as required by the Criminal Code; therefore both accused must be acquitted of the firearms charges and related counts.

Court Disposition

Accused Christopher Paul Baird and Cal David Hann found not guilty on all charges

Orders

  • Accused Christopher Paul Baird and Cal David Hann acquitted of all counts; charges dismissed