R. v. Scott

R. v. Scott

The Supreme Court dismissed the appeal and affirmed that the term 'imitation' encompasses replicas that resemble real firearms sufficiently to be perceived as such; therefore the BCCA's setting aside of the acquittal was correct.

Citation
2001 SCC 73
Parties
Appellant/accused: Terrance Blake Scott; Respondent: Her Majesty The Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 November 2001
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court of Canada From the British Columbia Court of Appeal; Oral Judgment Delivered
Outcome
Appeal dismissed
Legal Topics
Robbery, Imitation Firearm, Statutory Interpretation, Use of Imitation Firearm
Source Language
English
Criminal Law Robbery Imitation Firearm Statutory Interpretation Use of Imitation Firearm

Case Brief

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Parties

Terrance Blake Scott

Appellant/accused

Her Majesty The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court of Canada From the British Columbia Court of Appeal; Oral Judgment Delivered

Legal Issues

  1. 1 Whether the object used in the robbery met the legal meaning of 'imitation' firearm
  2. 2 Whether the acquittal should be reinstated or the BCCA decision setting aside the acquittal should stand

Ratio Decidendi

The Supreme Court dismissed the appeal and affirmed that the term 'imitation' encompasses replicas that resemble real firearms sufficiently to be perceived as such; therefore the BCCA's setting aside of the acquittal was correct.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Judgment of the British Columbia Court of Appeal reinstated (setting aside the trial acquittal)