The accused was charged with obstructing justice and several firearms offences after removing a shell casing from the scene of a shooting and storing an AK-47 rifle and prohibited magazine in his bedroom.
The police conducted a warrantless entry into his home under exigent circumstances to preserve evidence, during which they found the rifle.
A subsequent warranted search located the magazine.
The court found the accused guilty of obstructing justice.
On a Charter application, the court ruled the warrantless entry was lawful but the seizure of the rifle violated s. 8 as it was not in plain view.
However, the rifle was admitted under s. 24(2).
The search warrant was upheld as valid.
The accused was found guilty on all counts, with two counts conditionally stayed under the Kienapple principle.
