The Crown appealed an acquittal on a charge of aggravated assault arising from a shooting incident.
The respondent was charged with attempted murder, aggravated assault, and firearms offences.
The Crown's theory was that the respondent intended to shoot another individual and that transferred intent applied.
The respondent's defence was that the gun fired accidentally while being waved to calm those present.
The trial judge refused to instruct the jury on liability for assault through threat of force under s. 265(1)(b) of the Criminal Code, finding it inconsistent with the Crown's primary theory and unduly complex.
The appellate court found this refusal was an error, as the Crown was entitled to have the jury instructed on alternative legal routes to liability even if accepting the respondent's version of events.
