R v Quilloy, [1993] AJ No 689 (AB Prov Ct)

The accused was charged with two offences, count one contrary to Section 447(1) of the Criminal Code, and count two contrary to Section 446(1)(d) of the Criminal Code.

The charges related to the unlawful possession of a cockpit on premises under his control and unlawfully encouraging, aiding or assisting in the fighting or baiting of fighting birds.

A barn was found on the premises of the accused which he maintained game birds. The Crown offered opinion evidence to prove that part of the barn was a cockpit. However, the injuries found on some of the accused’s birds were consistent with injuries that could have been sustained other than in cockfighting.

The accused was found not guilty as the court had a reasonable doubt.

Source: Case Law

Jurisdiction: Alberta

Topics: baitingbirdsBurden of ProofCockfightingcockpitCriminal CodefightingNot Guiltyreasonable doubt

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