Following a jury trial, the accused was found guilty of reckless discharge of a firearm and aggravated assault, but acquitted of firearm possession charges.
The sentencing judge was required to make factual findings under s. 724(2) of the Criminal Code for sentencing and an impending constitutional challenge to the mandatory minimum sentence.
Applying the Ferguson principles, the court found the accused credible and accepted that he snatched the gun from the victim in self-defence, was pursued by the victim, and fired at the ground out of a legitimate fear for his life.
