CITATION: R. v. Martin, 2011 ONCA 348

DATE: 20110504

DOCKET: C52361

COURT OF APPEAL FOR ONTARIO

Laskin, Feldman and MacPherson JJ.A.

BETWEEN

Her Majesty the Queen

Appellant

and

Samantha Martin

Respondent

Andreea Baiasu, for the appellant

Howard L. Krongold, for the respondent

Heard and released orally: May 3, 2011

On appeal from the acquittal entered by Justice Robert N. Fournier of the Superior Court of Justice on June 8, 2010.

ENDORSEMENT

[1] The appellant Crown appeals from the acquittal of the respondent by Fournier J. dated June 8, 2010 for being an occupant in a motor vehicle knowing there was a firearm contrary to s. 94 of the Code.

[2] The trial judge made important findings about the rationale for the respondent being in the car with at least one occupant possessing a gun on the night in question. She was present in the car in an honest attempt to prevent her intoxicated boyfriend from “doing something stupid”. Given this blameless purpose, we see no reversible error in the acquittal of the respondent.

[3] The appeal is dismissed.

“J. I. Laskin J.A.”

“K. Feldman J.A.”

“J. C. MacPherson J.A.”