What is the test for a charge of careless use of a firearm?
Yukon, Canada
The following excerpt is from R. v. Kendi, 2014 YKTC 40 (CanLII):
Regina v. Creighton, 1993 CanLII 61 (SCC), [1993] 3 S.C.R. 3 involved in a charge of careless use of a firearm. It stands for the proposition that the accused's conduct must constitute a marked departure from the standard of care of a reasonably prudent person. This is the actus reus of the offence. It sets out an objective standard. The mens rea, objective foresight of risk or harm, may be inferred from the facts. Again, the standard is a reasonable person in the circumstances of the accused.
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