Marni D. Munsterman

The appellant brought a motion to admit fresh evidence on his appeal from decisions of the Consent and Capacity Board regarding his capacity and the appointment of a substitute decision-maker.

The proposed evidence related to his prior capable wishes regarding treatment with Clozapine.

The court applied the Palmer test and dismissed the motion, finding that the evidence could have been adduced at the original hearings with due diligence and that its reliability was questionable given the appellant's periods of incapacity.

The offender was found guilty of aggravated assault and two counts of failing to comply with an undertaking after an unprovoked attack outside a gas station left the victim with a brain hemorrhage.

The Crown sought 42 months imprisonment, while the defence sought 2 years plus probation.

The court weighed the offender's prior criminal record and the severity of the unprovoked attack against his youth and lack of recent charges.

The court sentenced the offender to 36 months imprisonment less 222 days of pre-sentence custody credit, along with a 10-year weapons prohibition and a DNA order.

The accused was charged with aggravated assault and breach of recognizance following an altercation at a gas station.

The victim suffered a severe brain hemorrhage after being punched and tackled.

The accused claimed self-defence, arguing the victim was the aggressor.

The court rejected the accused's evidence, finding he sucker-punched the victim and engaged in a two-on-one assault with his cousin.

The accused was found guilty of aggravated assault and breach of recognizance.