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A personal care worker who assaulted a vulnerable elderly resident was sentenced to five months' incarceration.
The defendant, a personal care worker in a long-term care facility, pleaded guilty to assaulting an 87-year-old resident with Alzheimer's disease.
Video evidence from the victim's room showed repeated instances of rough handling, hair-pulling, striking, and other assaultive conduct occurring when other staff were absent.
The Crown sought incarceration, while defence counsel argued for a conditional sentence.
The court imposed a custodial sentence of 5 months followed by 3 years probation, finding that the gravity of the offence, breach of trust, and vulnerability of the victim required incarceration despite the defendant's good character and rehabilitation prospects.
The defendant was convicted of driving while suspended after failing to establish a due diligence defence.
The defendant was charged with driving while suspended contrary to s. 53(1) of the Highway Traffic Act and displaying a suspended driver's licence contrary to s. 35(1)(b) of the Highway Traffic Act.
The Crown proved the defendant was a suspended driver on the date in question.
The defendant raised a due diligence defence, claiming he was confused about remedial measures requirements and had not received notice of suspension by mail.
The court found the defendant had been personally served with notice of suspension and that his actions fell short of what a reasonable person would have done in similar circumstances.
The court rejected the defence of officially induced error and convicted the defendant on both charges.
