The appellant was convicted of criminal negligence causing death and bodily harm, and impaired driving causing death and bodily harm, following a motor vehicle collision.
He appealed his convictions, arguing the trial judge misapprehended evidence, improperly inferred guilt from his post-offence departure from Canada, and that his trial counsel was ineffective.
The Court of Appeal found the trial judge erred in using the departure evidence to infer guilt, but applied the curative proviso given the overwhelming evidence of erratic driving and impairment.
The ineffective assistance of counsel claim was dismissed as the appellant failed to demonstrate prejudice.
The sentence appeal was allowed in part, reducing the sentence by one year to account for two-for-one pre-trial custody credit, which the trial judge had improperly denied based on the erroneous flight finding.
