R. v. Saunders and Inman, (1980) 7 Man.R.(2d) 135 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: December 19, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 7 Man.R.(2d) 135 (CoCt)

R. v. Saunders (1980), 7 Man.R.(2d) 135 (CoCt)

MLB headnote and full text

R. v. Saunders and Inman

Indexed As: R. v. Saunders and Inman

Manitoba County Court

Judges' Criminal Court

Eastern Judicial District

Coleman, C.C.J.

December 19, 1980.

Summary:

The two accused were charged with unlawful use of a firearm while committing an indictable offence. The Crown introduced a written statement of one of the accused, which indicated that the gun was not in working order prior to the offence. Defence counsel contended that the issue of whether or not the gun was within the definition of a "firearm" was raised by the statement and there was no evidence introduced by the Crown to discredit it.

The Manitoba County Court Judges' Criminal Court for the Eastern Judicial District acquitted the accused. The court held that there was an onus on the Crown to negative the possibility of the gun not being a firearm.

Criminal Law - Topic 1444

Offences against person and reputation - Firearms - General - Evidence and proof - The Manitoba County Court held that in an offence under s. 83(1)(a) of the Criminal Code, there is no onus on the Crown at the outset to establish that the item is a "firearm" - If evidence arises that the item could not be a firearm, then an onus falls on the Crown to negative that possibility - See paragraphs 11 to 24.

Criminal Law - Topic 5348

Evidence and witnesses - Confessions and voluntary statements - Effect of admission of - The Manitoba County Court held that the introduction of a written statement of an accused into evidence is part of the Crown's case and is evidence both for and against the accused - See paragraph 29.

Cases Noticed:

R. v. Langevin (1979), 10 C.R.N.S. 193 (Ont. C.A.), refd to. [para. 7].

R. v. Elby (1979), 33 N.B.R.(2d) 80; 70 A.P.R. 80 (N.B.C.A.), refd to. [para. 7].

R. v. Pineault and Berube (1980), 12 C.R.N.S. 129 (Que. C.A.), refd to. [para. 7].

R. v. Marchesani, [1970] 1 C.C.C. 350, consd. [para. 15].

R. v. Marchuk (1972), 18 C.R.N.S. 77, refd to. [para. 17].

Attorney General of Alberta v. Savich (1979), 9 A.L.R.(2d) 284, consd. [para. 22].

R. v. Cairns (1963), 39 C.R. 154 (B.C.C.A.), refd to. [para. 32].

R. v. Cheetham (1980), 17 C.R.N.S. 1 (Ont. C.A.), refd to. [para. 33].

R. v. Freeman (1970), 54 Cr. 251, consd. [para. 34].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 83(1)(a) [para. 5]; sect. 82(1) [para. 8].

Counsel:

B. Kaplan, for the Crown;

D. Margolis, for the accused, Inman;

P. Walsh, for the accused, Saunders.

This case was heard before COLEMAN, C.C.J., of the Manitoba County Court Judges' Criminal Court for the Eastern Judicial District.

The oral judgment of COLEMAN, C.C.J., was delivered on December 19, 1980.