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E25| Flare guns, firearms & a "Hail Mary" defence.

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In this episode, Mike discusses the BC Supreme Court decision R. v. Morris, 2023 BCSC 106 where the court was tasked with determining whether a modified flare gun found in the accused’s pocket was actually a firearm. And that’s not all. Listen to learn whether the judge fell for the “someone snuck it in my pocket while I slept” defence.

Here are some Criminal Code definitions to help understand this case.

"firearm means a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of…

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