Appeal from attempted murder conviction. Appellant shot his landlord in the head at close range with a makeshift firearm. Issue of whether trial judge erred in applying the “common sense inference” test (that individuals intend the probable consequences of their actions) in finding that the appellant had the intent to kill.
Held: Appeal dismissed.
Trial judge relied on Bains (1985) 7 OAC 67, for support that, absent another explanation, firing a gun at close range leads to the inference that the act was done with intent to kill. Though firearm in the case at bar was not a commercial gun, the trial judge “was alive to the fact that he was not dealing with such a weapon and considered whether the modified flare gun and homemade bullet were relevant to intention.” There was no error of law and the trial judge’s reasoning was based on the evidence.
L. Chartrand – Defence Counsel