C. Sibian

The appellant appealed his summary conviction for impaired driving, arguing that the trial judge erred in admitting statements made in the breath room, that the trial judge was biased, and that he received ineffective assistance of counsel at trial.

The Superior Court of Justice dismissed the appeal, finding no Charter violation regarding the breath room statements, no evidence of judicial bias, and no ineffective assistance of counsel.

The court preferred the evidence of trial counsel over the appellant regarding the circumstances surrounding the agreed statement of facts and trial strategy.

The appellant appealed his summary convictions for having care or control of a motor vehicle with a blood alcohol level over 80mg and operating a vehicle as a novice driver with a blood alcohol level greater than zero.

He argued the trial judge erred in finding a realistic risk that he would drive the vehicle after filling it with gas, and misapprehended evidence regarding his level of intoxication.

The Superior Court of Justice dismissed the appeal, finding no palpable and overriding error in the trial judge's factual conclusion that the appellant posed a realistic risk of driving the vehicle.

The offender was convicted by a jury of two counts of sexual assault and two counts of uttering death threats arising from incidents within an intimate relationship.

The sentencing judge determined the factual circumstances of the offences based on the complainant’s evidence, concluding beyond a reasonable doubt that the assaults involved forced anal and vaginal penetration accompanied by threats and domination.

The court emphasized denunciation and deterrence in cases of domestic sexual violence, noting numerous aggravating factors including repeated assaults, threats against the complainant and her child, breach of trust, and physical injury.

Mitigating factors included the offender’s difficult upbringing, substance abuse history, and mental health challenges, as well as time spent in pre-trial custody and restrictive bail conditions.

A global custodial sentence was imposed along with ancillary orders including a weapons prohibition, DNA order, and lifetime sex offender registration.