R. v. G. and H., July 2020 BCSC

Facts – F., J., H., and G. (G. is our client) are charged with a home invasion of K. A 911 call is made, and the police arrive on scene arresting F., J. H., and G. coming out of K’s residence. While in the residence, police allege G. placed a long shoulder length item, thought to be a firearm, under the mattress of a bed located in the residence. A subsequent search of the residence turns up a .22 Beretta handgun, a sawed-off shotgun, and a Mossberg shotgun in the area the officer saw the items being placed.

F. and J. both plead guilty to lesser charges before the trial and were sentenced. G. and H. continued to trial.

G. was charged with possession of the Beretta, possession of the Mossberg shotgun, possession of the sawed-off shotgun, and break and enter: dwelling-house to commit the offence of robbery.

Result – After extensive cross-examination of the complainant K., and the officer who allegedly made the observations, the Crown counsel called no further evidence, and invited the court to find G. and H. not guilty on all counts. G. was found not guilty on all counts.

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