The appellant was convicted of impaired driving causing death, driving over 80, and dangerous driving causing death, and sentenced to four years and ten months' imprisonment.
On appeal, he argued the trial judge erred in assessing evidence of bolus drinking and improperly drew an adverse inference from his failure to testify.
The Court of Appeal dismissed the conviction and sentence appeals, finding the trial judge properly rejected the bolus drinking evidence and correctly applied the burden of proof, though it conditionally stayed the over 80 conviction based on a Crown concession.
