Sapna Butany

The accused was charged with impaired operation of a motor vehicle and operating a motor vehicle with excess blood alcohol following a RIDE program stop.

The Crown proceeded by summary conviction on the Over 80 count only.

The defence argued that the accused's Charter rights under sections 8 and 9 were violated and sought exclusion of the Intoxilyzer results under section 24(2).

The court found that the arresting officer lacked reasonable and probable grounds for the arrest, having manufactured evidence of slurred speech and taken an impermissible shortcut by proceeding directly to arrest rather than first administering an approved screening device test.

The court excluded the breath test results and acquitted the accused.

The accused was charged with assault causing bodily harm contrary to section 267(b) of the Criminal Code for punching the complainant twice in the face at a private birthday party on October 25, 2013.

The Crown proceeded summarily.

The accused claimed he acted in self-defence after the complainant punched him first.

The trial judge found the Crown's witnesses credible and reliable, rejecting the defence witnesses' testimony as fabricated and internally inconsistent.

The court concluded the complainant did not apply any force or pose any threat to the accused, and therefore the self-defence claim failed.

The accused was found guilty of assault causing bodily harm.

The offender was convicted of theft over $5,000 and fraud over $5,000 for using a Power of Attorney to place unauthorized mortgages on his 86-year-old mother's properties, resulting in her eviction and homelessness.

The court considered numerous aggravating factors, including the offender's extensive criminal record of 69 prior convictions for crimes of dishonesty, his lack of remorse, and additional uncharged frauds against his mother and his lawyer.

Finding the offender to be a psychopath incapable of rehabilitation, the court imposed the maximum sentence of 10 years imprisonment for theft, to be served consecutively to his current sentence, and a concurrent 10-year sentence for fraud.