“Not guilty” of aggravated assault, pointing a firearm and using a firearm in the commission of an indictable offence

  1. The prosecution alleged that the accused returned to a barbecue to get revenge after having been punched in the face by one of attendees.  It further alleged that the accused pointed a handgun at several people at the barbecue.  Shots were fired and one person was seriously wounded.  The accused maintained his innocence and took the position that he returned for a fist fight but did not bring a gun.  Through cross-examination at trial, before a judge in the Superior Court of Justice, the defence was able to undermine the evidence of three crown witnesses who had testified that the accused brought and pointed a handgun.  The trial judge found that the prosecution had not proved beyond a reasonable doubt that the accused possessed or pointed a firearm.  The accused was, therefore, found “not guilty” of aggravated assault, pointing a firearm and using a firearm in the commission of an indictable offence.

NATHAN GORHAM 
CRIMINAL DEFENCE LAWYER
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