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The use of firearms is an activity that involves the control over a thing that has the potential to cause serious harm to life and limb. The criminal law pays special attention to persons who have control over things like firearms. We expect those who voluntarily assume control over guns to act in a way that indicates respect for the inherent potential for harm by those firearms.
To answer this question you are not required to decide what was in Mr. Stanley’s mind at the time he used the firearm. Carelessness is the absence of the required state of mind. To determine this question you must look at what Mr. Stanley did and did not do, how Mr. Stanley did and did not do it and what Mr. Stanley said and did not say.
You should consider all the circumstances including any personal characteristics of Mr. Stanley that deprived him of the capacity necessary to have the mental state of care required in the circumstances.
Careless use of a firearm involves conduct that shows a marked departure from the standard of care that a reasonably prudent person would exercise in the same circumstances.
If you have a reasonable doubt that Mr. Stanley’s use of the firearm showed a marked departure from the standard of care that a reasonably prudent person would exercise in the same circumstances or that Mr. Stanley took reasonable precautions to live up to that standard of care this element has not been proven.
I have already told you that it is not disputed that Mr. Stanley was legally justified in defence of his property to retrieve his handgun and fire it into the air, if you find that that is what he did, in light of what had gone on in his farmyard. However, you must now closely analyze whether his actions between that point and the shooting of Mr. Boushie amount to careless use of that firearm and whether he had a lawful excuse.
The elements of careless use and lawful excuse are somewhat intertwined. Mr. Stanley says that he thought that there were only two bullets in the magazine. He says that he thought that he had fired all rounds because he had pulled the trigger multiple times. He said that he thought the gun could not fire with the magazine out. He says that he did not pull the trigger around the time that he approached the grey Escape.
On the other hand, the gun did discharge and the bullet from the discharge hit Mr. Boushie. Should Mr. Stanley have taken more care to ensure the gun was not pointed at or in the direction of Mr. Boushie? Guns are dangerous. You can see the care with which everyone treated the handgun in court even though it was always thought to be empty.
You must decide the issue of carelessness and lawful excuse. If you are not satisfied beyond a reasonable doubt that Mr. Stanley used the firearm without lawful excuse in a careless manner you must find him not guilty of manslaughter. Your deliberations would be over.
If you are satisfied beyond a reasonable doubt that Mr. Stanley used the firearm without lawful excuse, in a careless manner, you must find that Mr. Stanley is guilty of the lesser included offence of manslaughter. Your deliberations would be over.
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Judges instructions on requirements for manslaughter