The accused was charged with unauthorized possession of a loaded prohibited firearm, possession of a firearm with a defaced serial number, possession knowing possession was unauthorized, and careless carrying of a firearm.
He admitted physical possession but asserted he had disarmed a gunman during a fight at a banquet hall and intended to surrender the weapon to police through the owner, while also dealing with an urgent flooding problem.
The court accepted the evidence of the accused and supporting witnesses, found his explanation credible and plausible, and held that the Crown failed to prove the requisite mens rea.
Applying the doctrine of innocent possession, the court concluded the possession was for an innocent purpose and entered acquittals on all charges.
