K. Bartoska

A preliminary inquiry into the death of a four-year-old child.

The Crown sought committal on a charge of First Degree Murder.

The defendants, the child's parents, contested committal on this charge, conceding only to Second Degree Murder.

The court found sufficient evidence of planning and deliberation based on the totality of circumstances, including evidence of chronic malnutrition, vicious beating, head trauma, aspiration of gastric contents, and post-offence conduct.

The court committed both defendants to trial on First Degree Murder and on the additional charge of Failure to Provide the Necessaries of Life.

The accused was charged with operating a motor vehicle with a blood alcohol concentration exceeding 80 mg per 100 ml of blood.

The defence challenged the validity of the breath demand and the timing of the breath samples, arguing they were not obtained as soon as practicable as required by the Criminal Code.

The court found that the officers acted reasonably and diligently throughout the investigation, including in administering the approved screening device, managing delays at the police station, and contacting duty counsel.

The court concluded that the crown had complied with the statutory requirements and was entitled to rely on the presumption of identity based on the breath readings.

The accused was found guilty.