R.P. Armstrong J.A.

The appellant was convicted of impaired driving causing death and dangerous driving causing death after striking and killing a pedestrian while driving at a high rate of speed in a residential neighbourhood.

He was sentenced to five years' imprisonment and a ten-year driving prohibition.

On appeal, the appellant argued the trial judge erred in finding causation without determining the victim's exact location, misapprehended evidence, failed to give credit for strict pre-trial bail conditions, and imposed an unfit sentence.

The Court of Appeal dismissed the appeal, finding no errors in the trial judge's factual findings or exercise of discretion, and concluding that the five-year sentence was not a substantial and marked departure from sentences customarily imposed for similar offences.

The self-represented appellant's personal injury action was dismissed by the trial judge on his own motion before the appellant's evidence-in-chief was completed, on the basis that the evidence was incoherent.

The Court of Appeal allowed the appeal, finding that while a trial court has inherent jurisdiction to control its own process, this does not extend to dismissing cases without hearing the available evidence and submissions.

The appellant's right to a fair trial was denied.