R. v. Atkinson, (1985) 53 Nfld. & P.E.I.R. 150 (PEISC)

• Judge: Campbell, J.
• Case Date: March 20, 1985
• Jurisdiction: Prince Edward Island
• Citations: (1985), 53 Nfld. & P.E.I.R. 150 (PEISC)

R. v. Atkinson (1985), 53 Nfld. & P.E.I.R. 150 (PEISC);

    156 A.P.R. 150

MLB headnote and full text

R. v. Atkinson

(No. GDC-5555)

Indexed As: R. v. Atkinson

Prince Edward Island Supreme Court

Campbell, J.

March 20, 1985.

Summary:

The accused was charged with careless use of a firearm after he took target practice with a .22 rifle on the beach in the presence of a clam digger.

The Prince Edward Island Supreme Court acquitted the accused.

Criminal Law - Topic 1437

Firearms - Careless use - In order to discourage a clam digger on the beach in front of his cottage the accused took target practice on the beach with a .22 rifle - He was familiar with firearms and was firing at a proper backstop - The clam digger was in no danger and was not frightened - The Prince Edward Island Supreme Court acquitted the accused of careless use of a firearm.

Cases Noticed:

R. v. Derkosh (1979), 21 A.R. 243, consd. [para. 4].

R. v. Roberge (1981), 35 N.B.R.(2d) 23; 88 A.P.R. 23, consd. [para. 6].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 84(2) [para. 1].

Counsel:

David P. O'Brien, for the Crown;

John Hennessey, for the accused.

This case was heard on March 20, 1985, at Charlottetown, P.E.I., before Campbell, J., of the Prince Edward Island Supreme Court, who delivered the following judgment orally on March 20, 1985: