Dr. Ward

The appellant appealed his conviction and sentence for dangerous driving causing death following a motor vehicle accident that killed his son.

He argued the verdict was unreasonable and inconsistent with his acquittal for impaired driving, asserting that his alcohol consumption should not have been considered.

The Court of Appeal held that alcohol consumption short of impairment is relevant to the mens rea of dangerous driving.

The court also rejected arguments regarding Crown misconduct, jury misdirection, and pre-trial applications.

The court dismissed the fresh evidence application and upheld the sentence of nine months' imprisonment, finding it was not demonstrably unfit.

The appellant, a deaf man with a lengthy record of sexual offences, appealed his dangerous offender designation and indeterminate sentence.

He argued that the sentencing judge erred in finding there was no reasonable possibility of eventually controlling his risk in the community.

The Court of Appeal upheld the indeterminate sentence, finding the sentencing judge reasonably concluded that the appellant's history of medication non-compliance and need for concurrent, specialized treatments meant his risk could not be managed outside a secure setting.

The appeal was dismissed.