Quote:
Originally Posted by Headdamage
I agree that he is very lucky to have come out of this with as little penalty as this, I thought they would go after him for careless use of a firearm at the very least.
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I do not think it unusual that he was not charged with
careless use!
They did charge him with murder which requires proof of
deliberate intent.
The jury was also instructed that if they did not feel there was
deliberate intent that he may be convicted of manslaughter.
To charge
careless use would raise the question,
Was it deliberate intent or carless use? The careless use is included in the evidence required to prove manslaughter.
The crown wanted a conviction of murder and the idea of
careless use thrown in might push the jury in a way that the crown did not want.