The appellant appealed his summary conviction for operating a conveyance with a blood alcohol concentration over 80.
The Crown's case at trial was entirely circumstantial, relying on the appellant's presence at his residence shortly after a white truck was reported driving erratically.
The appellant argued the trial judge erred by rejecting an alternate suspect theory, misapprehending evidence regarding the vehicle's keys and timing of police arrival, and receiving inadmissible hearsay.
The Superior Court of Justice dismissed the appeal, finding no palpable and overriding error, no material misapprehension of evidence, and that the trial judge did not rely on the inadmissible hearsay to convict.
