Mark Boissonneault shot Terry McLeod.  He was charged with attempted murder and possession of a firearm.  McLeod was sitting in his taxi.  He was with another man, Gordon, who owned the cab.  Boissoneault approached McLeod, pressed the gun to his side and shot him. 

 

At trial Boissonneault took the position that the gun discharged accidentally.  He was convicted.  The trial judge sentenced him to 17 years jail – 14 years on the attempted murder and 3 years consecutive on the possession charge.  He appealed: 2012 MBCA 40.