Darren Hogan

The appellant appealed a summary conviction for criminal harassment arising from repeated text messages and voicemails sent after a brief romantic relationship ended.

He argued that the trial judge mishandled text messages with the complainant's manager and that trial counsel was ineffective for failing to call that manager and for failing to press an alleged inconsistency in the complainant's evidence.

The court held that the text messages were properly authenticated but their contents remained hearsay absent the manager's testimony, and that counsel's decision not to call the witness was a reasonable tactical choice that avoided materially harmful evidence.

The court further held that any alleged inconsistency would not have displaced the overwhelming evidence of harassment, including the appellant's own recorded messages.

The appeal was dismissed.

Summary conviction appeal from a conviction for refusing to comply with a roadside breath demand.

The appellant argued that the approved screening device demand did not satisfy the immediacy requirement, that the suspension of the right to counsel therefore ended, and that the trial reasons were insufficient regarding an alleged post-refusal implementation delay under s. 10(b).

The appeal judge held that the officer made the demand promptly, had the device ready, and that the delay arose from the appellant's repeated questions, pleas, and refusal to decide.

The court further held that any post-refusal delay was brief, quickly corrected, and in any event could not justify appellate intervention or exclusion of evidence on this record.

The appeal was dismissed.