James Gilbert

The applicant, charged with sexual assault and surreptitiously making a visual recording, brought a pre-trial motion under s. 278.92 of the Criminal Code to admit five video tapes depicting the alleged offences.

The court found the tapes had significant probative value regarding the complainant's level of consciousness and the timing of events.

To mitigate the substantial risk to the complainant's privacy and dignity, the parties agreed to several limits, including the applicant re-electing trial by judge alone, closing the courtroom when playing the tapes, and using an agreed statement of fact.

The court ruled the tapes admissible subject to these conditions.

The accused pleaded guilty to dangerous driving causing bodily harm after striking his neighbour with his pick-up truck.

A Gardiner hearing was held to determine whether the accused struck the victim intentionally, an aggravating factor for sentencing.

The Crown presented circumstantial evidence, including accident reconstruction and mechanical expert testimony, to prove the accused deliberately drove off the road and into the victim due to suspicions of an affair with his wife.

The court rejected the accused's testimony that the collision was accidental, finding it implausible and inconsistent with physical evidence.

The court concluded the Crown proved beyond a reasonable doubt that the collision was intentional.