Nigel Marshman

The appellant appealed his conviction, arguing the trial judge erred in drawing inferences from video evidence regarding causation.

The Court of Appeal dismissed the appeal, finding the trial judge's conclusion that the appellant's blow significantly contributed to the victim's rupture was amply supported by the record.

The sentence appeal was abandoned.

The appellant appealed his sentence for impaired driving and driving while disqualified, arguing the sentencing judge failed to apply the 'step' and 'gap' principles and erred by not granting 1:1 credit for time spent in a rehabilitation centre while on bail.

The Court of Appeal dismissed the appeal, finding the 24-month sentence reasonable given the appellant's extensive record of similar offences.

The court held that because the sentencing judge had already reduced the sentence length to account for the appellant's rehabilitation efforts, she was not required to grant additional pre-sentence custody credit for the time spent in rehab.