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Accused found guilty of impaired driving and refusing breath demand despite minor s. 10(b) Charter breach.
The accused was charged with impaired driving and refusing to comply with a breath demand.
The court found a breach of the accused's s. 10(b) Charter right to counsel due to a 10-minute delay after arrest, but declined to exclude evidence under s. 24(2).
The court found the accused guilty of both offences, concluding that his ability to operate a motor vehicle was impaired by alcohol and that he intentionally refused to provide a suitable breath sample without a valid medical excuse.
Offender sentenced to four years imprisonment for the penetrative sexual assault of a former partner.
The accused, M. T-S., was found guilty by a jury of one count of sexual assault against his former intimate partner, C.U. The assault involved penetrative sexual intercourse without consent, occurring in the presence of their young daughter.
The court considered aggravating factors, including the abuse of an intimate partner, the significant impact on the victim, the presence of a child during the offence, and the offender's criminal record.
Mitigating factors were limited to the offender's physical disability (amputee) and the time spent on bail.
The Crown sought a four-year imprisonment sentence, while the Defence proposed 30 months.
The court applied sentencing principles, including proportionality, individualization, denunciation, and deterrence, and considered the 3-5 year starting point range for penetrative sexual assaults.
The court also addressed the relevance of potential immigration consequences, concluding they did not warrant a reduced sentence given the egregious nature of the offence.
M. T-S. was sentenced to 4 years imprisonment, along with ancillary orders for DNA, sex offender registration, no-contact, and a weapons prohibition.
