Aaron McMaster

The appellant appealed his summary convictions for assault and assault with a weapon, seeking to withdraw his guilty pleas on the basis that they were involuntary, uninformed, and the result of ineffective assistance of counsel.

The Superior Court of Justice dismissed the appeal, finding that the appellant failed to establish that his pleas were invalid or that he suffered prejudice.

The court rejected the appellant's credibility, noting he admitted to lying to the court during his plea allocution to achieve his goals.

The accused, charged with attempted murder and discharging a firearm, applied for a pre-trial ruling to admit his prior consistent statements made to police during and after his arrest.

He argued the statements were spontaneous and probative of his state of mind at the time of the offence under the Edgar exception.

The Crown opposed, arguing the statements lacked spontaneity because the accused had already spoken to friends and a crisis negotiator before being confronted by police.

The court agreed with the Crown, finding the statements were not genuine reactions to the accusation but expressions of hope regarding the case's outcome.

The application was dismissed.

The appellant appealed his summary conviction for operating a motor vehicle with a blood alcohol concentration over 80 milligrams.

He argued the trial judge erred in findings of fact and credibility, and that his rights under ss. 8 and 10(b) of the Charter were breached.

The Superior Court of Justice dismissed the appeal, finding no palpable and overriding error in the trial judge's global assessment of credibility, which concluded the appellant had fabricated evidence.

The court also upheld the finding that the officer had reasonable suspicion to make an ASD demand based on the odour of alcohol.