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Conviction appeal dismissed where credibility findings and evidence reasonably supported verdict.
The appellant appealed a summary conviction for assault contrary to s. 266 of the Criminal Code arising from allegations that he struck his spouse while driving.
The appellant argued the verdict was unreasonable, that the trial judge improperly dismissed defence evidence, misapprehended evidence, and failed to provide coherent reasons.
The court held that credibility determinations are primarily matters for the trier of fact and found no error in law or manifest error in the appreciation of the evidence.
Independent eyewitness testimony and corroborative observations by police supported the conviction.
The court concluded that the verdict was reasonably supported by the evidence and that the trial judge’s reasons were sufficient for appellate review.
Conviction appeal dismissed; trial judge's finding that appellant's blow caused the rupture was supported.
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.
Sentence appeal dismissed; 24-month sentence for tenth impaired driving conviction upheld without additional rehab credit.
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.
