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Accused found guilty of assault causing bodily harm and impaired driving after property dispute.
The accused was tried on charges of assault causing bodily harm, impaired operation of a conveyance, and operating a conveyance with a blood alcohol concentration over the legal limit.
The charges arose after the accused crashed his ATV near the complainant's property and subsequently engaged in a physical altercation with the complainant over riding ATVs on the farmland.
The court rejected the accused's claim of self-defence, finding him to be the primary aggressor who struck the complainant unprovoked.
The court also rejected the accused's defence of post-driving alcohol consumption, finding his evidence of drinking after the incident implausible and contradicted by expert evidence.
The accused was found guilty on all three counts.
The Crown's application to review and revoke the accused's bail on gun trafficking charges was dismissed.
The Crown applied under s. 521(1) of the Criminal Code for a review of a Justice of the Peace's decision to release the accused on strict conditions.
The Crown argued the Justice of the Peace erred in considering the rareness of detention on the tertiary ground as a guiding principle and in giving inappropriate weight to electronic monitoring and COVID-19 delays.
The court found no error in the Justice of the Peace's analysis regarding the tertiary ground or the weight given to electronic monitoring and COVID-19's impact on trial delays.
The Crown's application was dismissed, and the accused's release was maintained.
