Summary

Keywords

Criminal law — Offences — Elements of offence — Discharging firearm — Meaning of into or at a place — Whether a person can be found guilty of the offence under s. 244.2(1)(a) of Criminal Code by discharging a firearm at or into a place while standing in the same place as other people — Criminal Code, R.S.C. 1985, c. C-46, s. 244.2(1)(a)

Summary

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(Publication ban in case)

Mr. Ratt was in a one-story house, in a living room with other people present, when he twice discharged a shotgun towards the ceiling and attic. He was charged with intentionally discharging a firearm being reckless as to whether another person was present in that place, multiple firearms offences and, based on other conduct, unlawfully confining a complainant. He was acquitted on the charge of intentional discharge of a firearm and convicted on all other counts. The Court of Appeal dismissed an appeal from the acquittal.

Lower Court Rulings