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R v Ratt

Two Rounds Into the Ceiling

Citation
R v Ratt, 2023 SKCA 2
Year
2023
Court
Court of Appeal for Saskatchewan
Province
Saskatchewan
Charge
Discharging a firearm into or at a place (s. 244.2(1)(a))
Source
Read the full decision

The facts

The Accused was inside a one-storey house with several other people, holding a shotgun. Someone knocked at the front door. He loaded the shotgun, pointed it at the door and shouted to ask who was there, but did not fire. A man came in, and the Accused told him he had almost shot him through the door. He then fired a round into the ceiling near the front door. The complainant began crying and said she wanted to leave; he told her she was weak and could not go, and fired a second round into the ceiling. He then forced her into a bedroom. He faced a series of charges including using a firearm while committing an indictable offence, forcible confinement, possession of a weapon and breach of a prohibition order. This case is about one count only: discharging a firearm into or at a place. The evidence was that both rounds went up into the attic - a space where nobody could reasonably be expected to be. The Crown said firing a loaded shotgun twice inside an occupied house is exactly what the section forbids. The Defence said the section requires the gun to be fired from one place into or at a different place, and that firing into the ceiling of the room you are standing in does not qualify.

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