Regina v. Ojibway

8 Crim. L.Q. 137 (Toronto 1965)

Facts

Ojibway (D) was riding his pony through Queen's park with a pillow on his horses back. The pony broke its right foreleg and D shot the pony. D was then charged with breaching the Small Birds Act. The magistrate acquitted D because he had killed a horse and not a bird. The Crown appealed.