David Carruthers

The appellant appealed a summary conviction appeal court decision that allowed a Crown appeal.

The Court of Appeal dismissed the appeal, finding no burden on the Crown to establish reasonable and probable grounds, abundant evidence that breath samples were taken pursuant to a demand under s. 254, and that the appellant was served with a copy of the certificate.

The court also found no merit to the Charter arguments, noting the burden was on the appellant to establish a breach and no objection was taken at trial.

The appellant appealed his convictions for possession of a weapon for a purpose dangerous to the public peace and careless storage of firearms.

The Court of Appeal upheld the summary conviction appeal court's dismissal of the appeal.

The court found the trial judge's factual findings—that the appellant failed to comply with police orders and assumed a gun-readiness stance, and that he left unsecured firearms and ammunition in a home with children—were amply supported by the record and demonstrated a marked departure from the standard of care.

The appellant, a real estate agent, pleaded guilty to uttering a forged document after forging an extension on a listing agreement to recover a sales commission.

He was fined $5,000 and sentenced to twelve months' probation.

He appealed the sentence, arguing the trial judge erred by failing to grant a conditional discharge.

The Court of Appeal dismissed the appeal, finding that a conditional discharge would not be in the public interest given the serious, deliberate breach of trust committed by a professional dealing with the public.