R. v. Shukster, (1979) 23 A.R. 242 (QB)

JudgeMoshansky, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateSeptember 17, 1979
Citations(1979), 23 A.R. 242 (QB)

R. v. Shukster (1979), 23 A.R. 242 (QB)

MLB headnote and full text

R. v. Shukster

(13044)

Indexed As: R. v. Shukster

Alberta Court of Queen's Bench

Judicial District of Calgary

Moshansky, J.

September 17, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1436

Offences against person and reputation - Firearms, general - Unsafe handling - The Alberta Court of Queen's Bench found the accused guilty of unsafe handling of a firearm under s. 84(2) of the Criminal Code of Canada, R.S.C. 1970, c. C-34 - The court considered the appropriate test to be applied in the circumstances to be whether or not the accused fell below the standard of care which a prudent person would exercise in the circumstances - See paragraph 4.

Criminal Law - Topic 4430

Procedure - Verdicts and discharges - Absolute or unconditional discharge in lieu of conviction - The accused, a young soldier, discharged a 7.62 calibre military rifle belonging to the deceased, which was cradled in his lap as he was lying on his bed in the barracks - The deceased, a friend of the accused, was sitting on his bed which was approximately opposite that of the accused and was struck in the chest - The accused had not put any shells in the rifle, nor had he checked the weapon to see if it was loaded - The Alberta Court of Queen's Bench granted the accused an absolute discharge - See paragraphs 5 to 6.

Cases Noticed:

R. v. Thomas, [1973] 1 W.W.R. 530, consd. [para. 4].

R. v. Low, 21 C.C.C.(2d) 193, appld. [para. 4].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 84(2) [para. 4].

Counsel:

I.F. Kirkpatrick, for the Crown;

R.F. Roddick, for the accused.

This case was heard before MOSHANSKY, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, at Calgary, Alberta, on September 17, 1979.

The oral judgment of MOSHANSKY, J., was delivered on September 17, 1979.

To continue reading

Request your trial
2 practice notes
  • R. v. Triplett (D.K.), 2008 ABPC 247
    • Canada
    • Provincial Court of Alberta (Canada)
    • 29 Agosto 2008
    ...interests of the accused. Mr. Davidson provided jurisprudence where the effect on the accused was substantial. [25] In R. v. Shukster (1979), 23 A.R. 242 (Alta. Q.B.) ( Shukster ) Moshansky J. granted a discharge to a soldier in part because of the effect on his career. In Wallator and D.E.......
  • R. v. Roberge, (1981) 35 N.B.R.(2d) 23 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • 14 Mayo 1981
    ...1351, refd to. [para. 9]. Stanton v. Town of Rothesay (1979), 24 N.B.R.(2d) 579; 48 A.P.R. 579, refd to. [para. 11]. R. v. Shukster (1979), 23 A.R. 242, refd to. [para. Sunbeam Corporation (Canada) Ltd. v. The Queen, [1969] R.C.S. 221, refd to. [para. 14]. Statutes Noticed: Criminal Code of......
2 cases
  • R. v. Triplett (D.K.), 2008 ABPC 247
    • Canada
    • Provincial Court of Alberta (Canada)
    • 29 Agosto 2008
    ...interests of the accused. Mr. Davidson provided jurisprudence where the effect on the accused was substantial. [25] In R. v. Shukster (1979), 23 A.R. 242 (Alta. Q.B.) ( Shukster ) Moshansky J. granted a discharge to a soldier in part because of the effect on his career. In Wallator and D.E.......
  • R. v. Roberge, (1981) 35 N.B.R.(2d) 23 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • 14 Mayo 1981
    ...1351, refd to. [para. 9]. Stanton v. Town of Rothesay (1979), 24 N.B.R.(2d) 579; 48 A.P.R. 579, refd to. [para. 11]. R. v. Shukster (1979), 23 A.R. 242, refd to. [para. Sunbeam Corporation (Canada) Ltd. v. The Queen, [1969] R.C.S. 221, refd to. [para. 14]. Statutes Noticed: Criminal Code of......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT