Raymond Morhan

The accused was charged with possession of child pornography contrary to section 163.1(4) of the Criminal Code.

The Crown alleged that printed materials containing child pornography, found in a drawer in the defendant's home, were in the defendant's possession.

The defendant denied knowledge of or possession of the materials and suggested that a family member, specifically his grandson Matthew Butwick, had printed and planted the materials to implicate him.

The trial judge found the Crown had proven beyond a reasonable doubt that the defendant possessed the child pornography and had printed the materials himself, rejecting the defendant's implausible alternative explanation.

The accused was charged with impaired care or control and care or control with excess blood alcohol following a minor motor vehicle accident on March 23, 2012.

The Crown relied on expert toxicological evidence regarding blood alcohol concentrations and observations of impairment indicators by police officers.

The court found the expert opinion regarding impairment in the general population did not necessarily apply to the individual accused and that the Crown's evidence of impairment was insufficient.

The impaired charge was dismissed.

However, the court found the breath samples were taken "as soon as practicable" within the meaning of the Criminal Code, allowing reliance on the presumption of identity.

The accused was found guilty of the over 80 mg charge based on the lower breath sample reading of 103 mg.