3 total
Breath samples taken as soon as practicable despite delay from processing two suspects simultaneously.
The accused was arrested for impaired driving at a RIDE check and taken to a neighbouring police station because the arresting detachment lacked an on-duty breath technician.
At the station, the breath technician had to process another suspect simultaneously, resulting in a 57-minute delay between the accused's first and second breath samples.
The court found that the police acted reasonably in both setting up the RIDE check without a technician and in overlapping the sampling procedures for the two suspects.
The breath samples were deemed to have been taken as soon as practicable, and the accused was found guilty.
The accused was convicted of arson based on the accepted testimony of his co-perpetrator.
The accused was charged with arson and break, enter and commit arson in connection with a barn fire deliberately set on April 11, 2014.
The co-perpetrator, Tim Norris, pled guilty and testified that he and the accused jointly set the fire.
The accused denied involvement and provided multiple inconsistent versions of events.
The court found the accused's testimony unreliable due to constant shifting accounts and accepted the testimony of the co-perpetrator.
The court concluded beyond a reasonable doubt that the accused knowingly participated in the arson.
Conviction was entered on the break, enter and commit arson charge, with the standalone arson charge stayed at the Crown's request.
Accused convicted of assault and choking after court accepted original police statement over trial recantation.
The accused was charged with assault, choking, threatening, and unlawful confinement of his girlfriend.
The complainant initially provided a detailed statement to police alleging violent assault, but later recanted at trial, claiming the injuries resulted from consensual rough sexual activity.
The court found the complainant's trial testimony and recantation to be implausible and internally inconsistent, while accepting her original police statement as truthful based on its detail, consistency with injuries, the complainant's emotional demeanor during the statement, and the voluntary and uncoerced circumstances of its creation.
The court convicted on assault, choking, and threatening charges but acquitted on the unlawful confinement charge due to insufficient evidence of coercive restraint for a significant period.
