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June 23, 2025 - 7:00 PM
A North Okanagan man jailed for four years for recklessly firing a gun that narrowly missed his girlfriend has failed in his attempt to have one of his charges overturned.
According to a June 20 BC Court of Appeal decision, Derek Ryan Baptiste argued he should have his conviction for pointing a firearm quashed because he was also convicted for recklessly discharging a gun and the two offences are essentially the same.
In Canada, an individual cannot be convicted of two offences that come from the same action.
However, Baptiste's argument didn't sway the panel of three Justice's.
"I conclude that the pointing of the firearm, and its discharge, were two distinct delicts or criminal acts," Justice Heather MacNaughton said in the decision.
Baptiste's case dates back to 2018 when he pointed an SKS rifle at his girlfriend Joanne Jack and pulled the trigger. The bullet went over her head, through the wall, and out of the building. He then stole his father's car and was arrested with the gun the next day.
At the time, Baptiste was suffering from heroin withdrawal and he had been drinking heavily and using heroin and methamphetamine daily.
He was later sentenced to four and half years in jail, which he's since served.
He launched the appeal in 2022, and there is no mention in the decision about what difference having the conviction quashed would have made. In 2019, Baptiste already had 35 adult convictions under his belt and 30 youth convictions.
While the Court rejected his appeal on the weapons charge, it did quash a conviction for the minor offence of uttering threats.
Baptiste is back behind bars having been charged with stealing three vehicles, possession of a weapon, theft, driving while disqualified and breaching his probation. The files are ticking through the court system.
There is no mention in the decision of the costs involved in Baptiste's appeal.
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