R v Beedar

In the matter of R v Beedar, the accused was charged with possession of a firearm without holding a firearms licence, an offence under s 11(1) of the Firearms Act. The firearm in question, a sawn-off Canadian Industries Ltd Model 171 bolt action .22 calibre rifle, was discovered during a police search of the accused's bail address. The firearm was found in a backpack located under stairs in the house, along with ammunition and a pair of gloves. The case presented before the court involved determining whether the accused had possession of the firearm, given the statutory definition of possession, and whether the firearm was a prescribed firearm under the Act.

The court needed to establish whether the accused had possession of the firearm, defined under the extended definition of possession, which includes being in occupation of, or having the care, control or management of, the premises where the firearm was found. The court also had to determine if the firearm was a prescribed firearm, specifically whether its overall length was less than 750mm. The prosecution provided evidence that the firearm was indeed a sawn-off rifle, satisfying the criteria for a prescribed firearm.

The court found that the accused was in possession of the firearm, based on the location of the firearm in the premises where he was known to have been, and the evidence that he was in occupation of or had control over the premises. The court was also satisfied beyond reasonable doubt that the firearm was a prescribed firearm, given its overall length was less than 750mm. The accused's denial of owning the firearm and his lack of a firearms licence further substantiated the prosecution's case.

Ultimately, the court convicted the accused of the charge of possessing a firearm without a licence. The court's decision hinged on the clear evidence of the firearm's location under the accused's control, and the lack of any valid defence provided by the accused regarding his possession of the firearm or his lack of a firearms licence.