





CITATION:
R. v. Martin, 2011
          ONCA 348





DATE:
          20110504



DOCKET: C52361



COURT OF APPEAL FOR ONTARIO



Laskin, Feldman and MacPherson JJ.A.



BETWEEN



Her Majesty the Queen



Appellant



and



Samantha Martin



Respondent



Andreea

Baiasu
,
          for the appellant



Howard L.
Krongold
, for the
          respondent



Heard and released orally: May 3, 2011



On appeal from the acquittal entered by Justice Robert N.
          Fournier of the Superior Court of Justice on June 8, 2010.



ENDORSEMENT



[1]

The appellant Crown appeals from the acquittal of the
    respondent by Fournier J. dated June 8, 2010 for being an occupant in a motor
    vehicle knowing there was a firearm contrary to s. 94 of the
Code
.

[2]

The trial judge made important findings about the
    rationale for the respondent being in the car with at least one occupant
    possessing a gun on the night in question. She was present in the car in an
    honest attempt to prevent her intoxicated boyfriend from doing something
    stupid. Given this blameless purpose, we see no reversible error in the acquittal
    of the respondent.

[3]

The appeal is dismissed.

J. I. Laskin J.A.

K. Feldman J.A.

J. C. MacPherson J.A.


