2 total
Summary conviction appeal for 'over 80' dismissed; trial judge correctly admitted breath tests despite delayed demand.
The self-represented appellant appealed his summary conviction for 'over 80'.
He argued that the trial judge erred in admitting breath test results despite a delayed breath demand that breached his s. 9 Charter rights, failed to consider a s. 10(b) breach, and conducted an unfair trial.
The Superior Court of Justice dismissed the appeal, finding that the trial judge correctly applied the Grant framework to admit the evidence, that the s. 10(b) issue lacked an evidentiary foundation as it was not raised at trial, and that the trial judge was exceptionally helpful and demonstrated no bias.
Accused sentenced to over 2 years in penitentiary for extortion and distributing intimate images.
The accused was convicted of extortion, transmitting an intimate image without consent, and three counts of breaching bail conditions.
The accused extorted money from his former intimate partner by threatening to distribute a sexually explicit video, and subsequently distributed the video despite receiving the money.
While on bail, the accused repeatedly contacted the complainant in violation of his release conditions.
The court emphasized the severe psychological impact on the victim and the need for denunciation and deterrence, sentencing the accused to a total of 2 years, 4 months, and 1 day in the penitentiary.
