Ms. Herbert

The accused was charged with care and control of a motor vehicle with a blood alcohol concentration exceeding the legal limit.

The defence raised multiple Charter applications alleging violations of sections 7, 8, 9, 10(b), and 11(c).

The trial judge dismissed all Charter applications, finding that the officer had reasonable grounds to make the roadside breath demand based on observations of physical indicia of impairment, that the demand was made forthwith, and that the breath samples were obtained as soon as practicable.

The accused was found guilty as charged.

A first-time offender pleaded guilty to assault causing bodily harm after unprovokedly assaulting a stranger on the street while intoxicated by alcohol and drugs.

The Crown sought 4-6 months custody followed by probation, while the defence sought a conditional sentence.

The court imposed a 9-month conditional sentence with restrictive conditions including house arrest and community service, followed by 2 years probation, along with a 3-year weapons prohibition and DNA order.

The sentencing emphasized rehabilitation prospects, the offender's youth, positive response to charges, and engagement with psychological counselling addressing underlying substance abuse and mental health issues.