The appellant appealed summary conviction findings of guilt for assault with a weapon and breach of probation, alleging ineffective assistance of trial counsel.
The appellant argued that counsel failed to properly advise him about the decision not to testify and inadequately cross‑examined Crown witnesses.
Fresh evidence was admitted including affidavits from the appellant and trial counsel, 911 recordings, and the appellant’s criminal record.
The court applied the three‑part test for ineffective assistance of counsel and found the appellant failed to establish incompetence or resulting miscarriage of justice.
Trial counsel’s tactical decisions regarding testimony and cross‑examination were within the range of reasonable professional judgment, and there was no reasonable probability the verdict would have differed.
