2 total
Mother's contempt motion dismissed; court prioritized 13-year-old child's clear preference to reside with father.
The applicant mother brought a motion to find the respondent father in contempt of a temporary parenting order, alleging he intentionally undermined her relationship with their 13-year-old child, resulting in the child refusing parenting time.
The court dismissed the motion, finding insufficient evidence to prove contempt beyond a reasonable doubt or a failure to obey under Rule 1(8) of the Family Law Rules.
The court gave significant weight to the child's clear and consistent views expressing a desire to reside with the father, and ordered the parties to continue family counselling rather than utilizing the blunt instrument of contempt.
A youthful offender received 12 months imprisonment for dangerous driving causing severe bodily harm.
Davison Weir pleaded guilty to three counts of dangerous driving causing bodily harm.
The Crown sought a 30-month jail sentence, while the defence requested a conditional sentence.
The court found the offences exceptionally serious due to extreme speed in a residential area, resulting in severe, life-threatening injuries to two children and serious injuries to another driver.
Despite mitigating factors such as a guilty plea, genuine remorse, and good character, the court emphasized that denunciation and deterrence were paramount.
A conditional sentence was deemed disproportionately lenient given the intentional risk-taking and degree of responsibility.
The court imposed a sentence of 12 months imprisonment, followed by 2 years of probation, a 4-year driving prohibition, and victim surcharges.
