A 51-year-old Manitoba man has been charged with shooting at a crop duster airplane.
Police said the duster was spraying over a field in the Rural Municipality of Portage la Prairie, near Fortier, on Wednesday when it was hit.
No one was hurt but the side and bottom of the plane were damaged.
A search of a home and outbuildings on a property in the RM turned up a firearm and ammunition.
The 51-year-old man remains in custody and is scheduled to appear in court in Winnipeg.
He faces several charges, including discharging a firearm, mischief and endangering an aircraft.
Ken Kane, the owner of the aerial spraying company is wondering why more serious charges, such as attempted murder, aren't being laid against the man.
"He was shooting at the airplane and the pilot that was in it. My question is, if an RCMP car is going by and somebody shoots at an RCMP car, what is going to happen to the guy?" Kane said.
Kane said the bullet went through the bottom of the plane and out the side, close to where the pilot was sitting.
The pilot is shaken up but is working again today, Kane said.
Crop duster gets shot at in MB.
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Crop duster gets shot at in MB.
http://www.cbc.ca/news/canada/manitoba/ ... -1.2704109
Re: Crop duster gets shot at in MB.
Ichh! People are sick!
Once a was spraying BTs near a golf course, some frustrated golfers were trying to hit me with golf balls and waving fingers. I though it was funny. Got attacked by an eagle too.
Once a was spraying BTs near a golf course, some frustrated golfers were trying to hit me with golf balls and waving fingers. I though it was funny. Got attacked by an eagle too.
Re: Crop duster gets shot at in MB.
I have to say, he has a point. The charges seem rather small compared to what could have happened had he hit the pilot or caused the engine to fail at low altitude. I am certain that if an RCMP car was shot at we all know exactly what the charges would be. I don't buy that a police officers life is any more important than "Joe Citizen".
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guyfullofrage
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Re: Crop duster gets shot at in MB.
zulutime wrote:I have to say, he has a point. The charges seem rather small compared to what could have happened had he hit the pilot or caused the engine to fail at low altitude. I am certain that if an RCMP car was shot at we all know exactly what the charges would be. I don't buy that a police officers life is any more important than "Joe Citizen".
Clearly neither Ken Kane or you have a clue what the requirements are to support attempted murder charges........ What a stupid post.
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Navajo Flyer
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- Joined: Tue Apr 05, 2005 8:00 pm
Re: Crop duster gets shot at in MB.
"We are all created equal....just some more than others"
Re: Crop duster gets shot at in MB.
So what requirement is missing in this case for it not be a murder charge ?guyfullofrage wrote:zulutime wrote:I have to say, he has a point. The charges seem rather small compared to what could have happened had he hit the pilot or caused the engine to fail at low altitude. I am certain that if an RCMP car was shot at we all know exactly what the charges would be. I don't buy that a police officers life is any more important than "Joe Citizen".
Clearly neither Ken Kane or you have a clue what the requirements are to support attempted murder charges........ What a stupid post.
As an AvCanada discussion grows longer:
-the probability of 'entitlement' being mentioned, approaches 1
-one will be accused of using bad airmanship
-the probability of 'entitlement' being mentioned, approaches 1
-one will be accused of using bad airmanship
Re: Crop duster gets shot at in MB.
A body...digits_ wrote: So what requirement is missing in this case for it not be a murder charge ?
Re: Crop duster gets shot at in MB.
Intent. The crown would have to demonstrate that the shooter wanted to kill the pilot.digits wrote:So what requirement is missing in this case for it not be a murder charge ?
Last edited by B208 on Fri Jul 11, 2014 12:14 pm, edited 1 time in total.
Re: Crop duster gets shot at in MB.
If you think this is a stupid post, then why respond? No one esle to play with in your sandbox? Enlighten us oh wise one! What do you think the charge would be if someone shot at an RCMP car with officers inside but, let's say, only hit the back door? There is not a police force in the world that wouldn't expect the full force of the law to come down on this guy.guyfullofrage wrote:zulutime wrote:I have to say, he has a point. The charges seem rather small compared to what could have happened had he hit the pilot or caused the engine to fail at low altitude. I am certain that if an RCMP car was shot at we all know exactly what the charges would be. I don't buy that a police officers life is any more important than "Joe Citizen".
Clearly neither Ken Kane or you have a clue what the requirements are to support attempted murder charges........ What a stupid post.
Re: Crop duster gets shot at in MB.
And shooting down an airplane wouldn't be considered intent ? Honest question.B208 wrote:Intent. The crown would have to demonstrate that the shooter wanted to kill the pilot.digits wrote:So what requirement is missing in this case for it not be a murder charge ?
As an AvCanada discussion grows longer:
-the probability of 'entitlement' being mentioned, approaches 1
-one will be accused of using bad airmanship
-the probability of 'entitlement' being mentioned, approaches 1
-one will be accused of using bad airmanship
Re: Crop duster gets shot at in MB.
digits_,
You are using common sense. That won't work in this case; You have to think like a Judge/Lawyer.
"Mr. Kane, why did you shoot at that airplane?"
"Well, your honour, I just meant to scare him away from my land......"
...see where I'm going?
You are using common sense. That won't work in this case; You have to think like a Judge/Lawyer.
"Mr. Kane, why did you shoot at that airplane?"
"Well, your honour, I just meant to scare him away from my land......"
...see where I'm going?
Re: Crop duster gets shot at in MB.
and how would that defense go over for our hypothetical police car shooter?B208 wrote:digits_,
You are using common sense. That won't work in this case; You have to think like a Judge/Lawyer.
"Mr. Kane, why did you shoot at that airplane?"
"Well, your honour, I just meant to scare him away from my land......"
...see where I'm going?
Re: Crop duster gets shot at in MB.
When you point a muzzle at a person and pull the trigger, you're attempting to end their life. Every police officer knows this is deadly force. They don't "shoot to wound" or fire at someone to scare them off.
A reasonable person that points a firearm at someone and pulls the trigger knows that it has a great possibility of causing grievous bodily harm or death.
A reasonable person that points a firearm at someone and pulls the trigger knows that it has a great possibility of causing grievous bodily harm or death.
Re: Crop duster gets shot at in MB.
Talk about stupid posts: why didn't you enlighten us as to why you think that, instead of just calling it stupid?guyfullofrage wrote:zulutime wrote:I have to say, he has a point. The charges seem rather small compared to what could have happened had he hit the pilot or caused the engine to fail at low altitude. I am certain that if an RCMP car was shot at we all know exactly what the charges would be. I don't buy that a police officers life is any more important than "Joe Citizen".
Clearly neither Ken Kane or you have a clue what the requirements are to support attempted murder charges........ What a stupid post.
Re: Crop duster gets shot at in MB.
You would be laughed out of court...digits_,
You are using common sense. That won't work in this case; You have to think like a Judge/Lawyer.
"Mr. Kane, why did you shoot at that airplane?"
"Well, your honour, I just meant to scare him away from my land......"
...see where I'm going?
you just asked the owner why he shot at his own aircraft.
Depraved Indifference, not attempted murder..
Side Note: Every day in the summer I check the site for crop duster accidents, the summer is really a dangerous time for these guys... This though, was not what I was expecting.
Re: Crop duster gets shot at in MB.
Here's a good read about Canadian law and attempted murder: http://en.wikibooks.org/wiki/Canadian_C ... ted_Murder
Re: Crop duster gets shot at in MB.
I think there is some basis for attempted murder. What possible outcomes could there be from shooting an an airplane and hitting it? There is certainly a possibility of killing the pilot. It's not a stupid post.
Re: Crop duster gets shot at in MB.
From the Wikibooks link above:
"The mens rea required for attempted murder is that there must be a specific "intent to kill", not simply an intention to harm with consequences that could have led to death. Nor is it enough that he knows his actions are likely to cause death or was reckless to the possible consequences. There must be subjective foresight of the consequences of the accused's conduct."
I suspect attempted murder wouldn't fly in this case.
"The mens rea required for attempted murder is that there must be a specific "intent to kill", not simply an intention to harm with consequences that could have led to death. Nor is it enough that he knows his actions are likely to cause death or was reckless to the possible consequences. There must be subjective foresight of the consequences of the accused's conduct."
I suspect attempted murder wouldn't fly in this case.
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cplanedriver
- Rank 2
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- Joined: Sat Sep 11, 2004 2:35 pm
- Location: Prairies again
Re: Crop duster gets shot at in MB.
Attempted murder probably would not get past the Crown Attorney. However, Criminal Negligence, Endanger Life
carries a 14 year sentence. Try that....Then of course you would need to get a judge that feels this is a serious
offence and that may be a tall order. Didn't some nutbar living off the end of 18 at St Andrews get some jail time for
the laser at the airplane thing....
Fly Safe
carries a 14 year sentence. Try that....Then of course you would need to get a judge that feels this is a serious
offence and that may be a tall order. Didn't some nutbar living off the end of 18 at St Andrews get some jail time for
the laser at the airplane thing....
Fly Safe
cpd
Re: Crop duster gets shot at in MB.
Kind of a messed up legal system we have.
Supposing he had no demonstrable intent of killing or hurting anybody and yet succeeded in accidentally killing the pilot by deliberately pointing a loaded firearm at the aircraft and pulling the trigger as he allegedly did?
Now what charges would he be facing?
I'll bet it wouldn't be reckless endangerment or mischief or even just manslaughter if that had been the outcome of the exact same actions.
It would be amusing somehow if this person gets off easier for shooting at an aircraft than those recently convicted of aiming a laser pointer at aircraft in flight.
Supposing he had no demonstrable intent of killing or hurting anybody and yet succeeded in accidentally killing the pilot by deliberately pointing a loaded firearm at the aircraft and pulling the trigger as he allegedly did?
Now what charges would he be facing?
I'll bet it wouldn't be reckless endangerment or mischief or even just manslaughter if that had been the outcome of the exact same actions.
It would be amusing somehow if this person gets off easier for shooting at an aircraft than those recently convicted of aiming a laser pointer at aircraft in flight.
