D. Lakie

The accused was charged with assault and breach of probation following an alleged domestic incident at a hotel.

The Crown's case relied primarily on the evidence of the complainant, who alleged the accused punched her in the face and head.

The court found significant inconsistencies in the complainant's evidence, including her denial of interactions with the accused's mother shortly after the incident, her fabricated claim that the accused barricaded himself in the room, and her denial of telling a witness she fell on the stairs.

Due to these inconsistencies and concerns about her level of intoxication, the court found her evidence unreliable.

The accused was acquitted of all charges.

Following a jury trial, the accused was found guilty of criminal negligence causing death and two counts of criminal negligence causing bodily injury after his vehicle drifted into oncoming traffic.

He also pleaded guilty to possession of methamphetamine.

The jury acquitted him of impaired driving charges.

The sentencing judge applied the Ferguson principles to determine the facts consistent with the jury's verdict, rejecting the defence theory of syncope and finding the accused's decision to drive with methamphetamine in his system to be an aggravating factor.

The accused was sentenced to 30 months' imprisonment, a $650 fine, and a 3-year driving prohibition.

The Crown appealed a trial judge's decision finding that the accused's Charter rights were violated due to an unlawful traffic stop and detention.

The Superior Court of Justice allowed the appeal, finding that the trial judge made palpable and overriding errors.

The evidence showed the police merely followed the accused to his destination without stopping him, and the accused was not detained until the police smelled alcohol and formed grounds for a roadside screening demand.

The matter was remitted for a new trial.