R. v. Barr

R. v. Barr

The Crown failed to prove beyond a reasonable doubt that the fire in the Saturn seriously threatened Constable Pottie's safety because the fire was minor and smoldering, produced smoke but no flames, self‑extinguished before fire crews needed to apply extinguishing measures, caused no injury and therefore did not constitute an actual and serious threat to the officer's safety; accordingly the accused is acquitted.

Citation
2009 NSPC 27
Parties
Crown: Her Majesty the Queen; Accused: Gregory Allen Barr
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 July 2009
Procedural Posture
Criminal (s.434.1 Criminal Code Arson/dangerous Fire) / Trial Judgment Acquittal
Outcome
Acquitted
Legal Topics
Interpretation of 'seriously Threatened the Safety', Burden of Proof Beyond a Reasonable Doubt, Evidence Assessment (smoke Vs. Flame)
Source Language
English
Criminal Law Arson Public Safety Interpretation of 'seriously Threatened the Safety' Burden of Proof Beyond a Reasonable Doubt Evidence Assessment (smoke Vs. Flame)

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Parties

Her Majesty the Queen

Crown

Gregory Allen Barr

Accused

Procedural Posture

Criminal (s.434.1 Criminal Code Arson/dangerous Fire) / Trial Judgment Acquittal

Legal Issues

  1. 1 Whether the fire set by Mr. Barr "seriously threatened the safety" of Constable Pottie under s.434.1 of the Criminal Code
  2. 2 Whether the Crown proved beyond a reasonable doubt that the necessary objective risk to safety existed at the time of the officer's encounter with the vehicle

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that the fire in the Saturn seriously threatened Constable Pottie's safety because the fire was minor and smoldering, produced smoke but no flames, self‑extinguished before fire crews needed to apply extinguishing measures, caused no injury and therefore did not constitute an actual and serious threat to the officer's safety; accordingly the accused is acquitted.

Court Disposition

Acquitted

Orders

  • Accused acquitted of the charge under section 434.1 of the Criminal Code.