R. v. Cull, (1983) 28 Sask.R. 207 (ProvCt)

• Judge: Henning, J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: August 24, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 28 Sask.R. 207 (ProvCt)

R. v. Cull (1983), 28 Sask.R. 207 (ProvCt)

MLB headnote and full text

R. v. Cull

Indexed As: R. v. Cull

Saskatchewan Provincial Court

Henning, J.

August 24, 1983.

Summary:

The Crown applied under s. 98(4) of the Criminal Code of Canada for an order of prohibition of possession of firearms, ammunition or explosive substances. The respondent sought a review of the decision of a firearms officer which denied him an acquisition certificate. The two matters were heard together.

The Saskatchewan Provincial Court dismissed the Crown's application and overturned the firearms officer's decision.

Criminal Law - Topic 5799

Punishments (sentence) - Prohibition orders - Respecting firearms - The Crown applied for an order prohibiting a husband from possessing firearms - His wife called the police upon being threatened with a firearm - No violence was observed at that time other than a broken windshield - The man was convicted of assaulting two former wives six and eight years earlier; neither involved the use of a weapon - The husband collected guns - The Saskatchewan Provincial Court refused to grant a prohibition order in the circumstances.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 98(4) [para. 1]; sect. 104(6) [para. 1].

Counsel:

Steven Connelly, for the Crown;

Dean Muma, for the respondent, Harvey Percy Cull.

These applications were heard before Henning, J., of the Saskatchewan Provincial Court, at Regina, Saskatchewan, whose decision was delivered on August 24, 1983.