REGINA V O.D. [PROVINCIAL COURT OF ALBERTA, CALGARY]

O was charged with an allegation of extortion with a firearm under section 364(1.1) of the Criminal Code. Pleas of not guilty were entered and the matter was scheduled for a preliminary inquiry where the complainant and witnesses testified. Following the testimony it became clear to the Court and the Crown that there was not sufficient evidence to proceed with the firearm offence due to the firearm element not being made out. The charge was reduce to simple extortion, saving O the mandatory minimum of 5 years if convicted at trial.