Elizabeth Hird

The appellant appealed his convictions for impaired driving, dangerous operation, and failing to remain at the scene of an accident.

He argued the trial judge misapprehended toxicology evidence by rejecting his claim that he only consumed over-the-counter pain medication, failing to recognize that codeine (and its metabolites hydrocodone and morphine) can be found in such medication.

The Summary Conviction Appeal Court dismissed the appeal, finding no palpable and overriding error, as there was no evidence the specific medication ingested contained codeine, and the trial judge was not required to take judicial notice of that possibility.

The accused was charged with sexual assault after having intercourse with his roommate's girlfriend while she was passed out on a couch.

The accused raised the defence of automatism, arguing he was in a state of extreme intoxication from consuming alcohol, marijuana, and GHB.

The court found the complainant was incapable of consenting and did not consent.

The court rejected the accused's evidence that he consumed GHB, finding he was not extremely intoxicated and therefore not in a state of automatism.

The accused was found guilty.