Andrew Ryan Forbes

The offender was convicted of impaired driving causing bodily harm and dangerous driving causing bodily harm after losing control of her vehicle on a highway and striking another car, causing a broken clavicle to a passenger.

The offender had a prior conviction for driving over 80.

The court sentenced the offender to 15 months' imprisonment, a three-year driving prohibition, and one year of probation, emphasizing denunciation and general deterrence.

The accused was charged with impaired driving causing bodily harm and dangerous driving causing bodily harm following a late‑night highway collision that injured an occupant of another vehicle.

The Crown relied on circumstantial evidence including erratic driving behaviour, the presence of alcohol containers in the vehicle, witness observations of alcohol odour and slurred speech, and the accused’s statement to a treating nurse that she had consumed alcohol and was fatigued.

The court rejected the accused’s explanation that she had not consumed alcohol that day and found the defence evidence not credible under the W.(D.) framework.

The court concluded that alcohol impaired the accused’s ability to drive and that her driving constituted a marked departure from the standard of a reasonable driver.

Convictions were entered on both counts.

The appellant appealed his conviction and sentence for a serious weapons offence involving a loaded handgun.

He argued that his investigative detention violated his rights under sections 8 and 9 of the Charter.

The Court of Appeal dismissed the conviction appeal, finding the trial judge correctly concluded that reasonable grounds for detention existed based on reliable confidential information corroborated by surveillance.

The sentence appeal was also dismissed, as the sentence was not demonstrably unfit given the prevalence of handgun crimes in the community.