“Not guilty” of pointing a firearm, possession of a loaded prohibited firearm and using a firearm in the commission of indictable offence
The complainant reported that the accused had confined her and pointed a loaded handgun at her. As result, the accused was arrested and charged with pointing a firearm, possession of a loaded prohibited firearm and using a firearm in the commission of indictable offence, unlawful confinement and assault. The accused maintained that he had not pointed, possessed or used a firearm. Through cross-examination, the presentation of evidence and legal submissions, the defence took the position at trial in the Superior Court that the trial judge should direct the jury to return a verdict of “not guilty” on the offences of pointing a firearm, possession of a prohibited firearm and using a firearm. The trial judge agreed and directed a verdict of acquittal.