N. Chiera

The accused was charged with impaired driving causing death, dangerous driving causing death, and refusing to provide a breath sample after his vehicle plunged into Lake Ontario, resulting in the death of a passenger.

The Crown relied on circumstantial evidence to prove the accused was driving.

The court accepted the accused's testimony that he and the deceased had switched seats prior to the accident, raising a reasonable doubt as to identity.

The court also found that the accused's symptoms of impairment were equally consistent with hypothermia, and that the breath demand was not unequivocal.

The accused was acquitted on all counts.

The offender pleaded guilty to multiple counts of assault and one count of mischief arising from domestic incidents involving a former intimate partner.

The court considered sentencing principles under the Criminal Code including denunciation, deterrence, and rehabilitation.

Aggravating factors included repeated domestic violence against a partner, while mitigating factors included a guilty plea, absence of a criminal record, restitution, counselling, and a highly favourable presentence report.

The court rejected a conditional discharge as contrary to the public interest but found that incarceration was unnecessary.

A suspended sentence with eighteen months’ probation was imposed along with ancillary orders including DNA and a firearms prohibition.