Eric Grainger

The appellant appealed his summary convictions for two counts of causing a disturbance and one count of assault arising from two separate incidents at a Tim Horton's and a Walmart where he refused to wear a mask.

He argued the trial judge provided insufficient reasons and failed to analyze the essential elements of the offences.

The Superior Court of Justice dismissed the appeal, finding that the trial judge's oral reasons were adequate when read in the context of the evidence and submissions, and that the findings of guilt were supported by the evidence.

The accused was convicted after trial of attempted murder of his wife, aggravated assault, assault with a weapon, and attempted suffocation.

The Crown sought 15 years imprisonment while the defence sought 7 years.

The court imposed 11 years imprisonment, less presentence custody of 2 years and 8 months, resulting in a remaining sentence of 8 years and 4 months.

The court found the attack was planned, deliberate, and persistent, committed in a domestic context with a weapon, causing severe and ongoing harm to the victim.

Mitigating factors included the offender's lack of criminal record, prior good character, and expressed remorse.

The court applied the Kienapple principle to stay charges of aggravated assault and assault with a weapon, but upheld the attempted suffocation conviction as a separate offence.

Ancillary orders included a lifetime weapons prohibition, DNA databank order, and prohibition on contact with the victim and children.

The accused was charged with sexual assault and sexual touching of a child under sixteen years of age.

The Crown's case rested primarily on the testimony of the eight-year-old complainant, who alleged that his grandfather had licked his fingers and inserted them into his anus.

The accused denied all allegations.

The trial judge assessed the credibility and reliability of both the child witness and the accused, applying the framework from R. v. W(D) and contemporary jurisprudence regarding child testimony.

The court found the child to be a credible and reliable witness and rejected the accused's denial, finding him guilty of both charges.

The accused was charged with attempted murder, aggravated assault, assault with a weapon, and suffocation following a brutal attack on his wife with a baseball bat in their garage.

The accused admitted to the assault with a weapon but denied the specific intent to kill required for attempted murder and denied attempting to suffocate the victim.

The court found the accused guilty of all charges, determining that the circumstances of the attack—including the deliberate choice of a deadly weapon, the targeting of the victim's head, the repeated blows, the attempt to suffocate, and the unrelenting nature of the assault—demonstrated a specific intent to kill beyond a reasonable doubt.