Sapna Butany

The accused was charged with impaired operation of a motor vehicle and operating a motor vehicle with excess blood alcohol following a RIDE program stop.

The Crown proceeded by summary conviction on the Over 80 count only.

The defence argued that the accused's Charter rights under sections 8 and 9 were violated and sought exclusion of the Intoxilyzer results under section 24(2).

The court found that the arresting officer lacked reasonable and probable grounds for the arrest, having manufactured evidence of slurred speech and taken an impermissible shortcut by proceeding directly to arrest rather than first administering an approved screening device test.

The court excluded the breath test results and acquitted the accused.

The accused was charged with assault causing bodily harm contrary to section 267(b) of the Criminal Code for punching the complainant twice in the face at a private birthday party on October 25, 2013.

The Crown proceeded summarily.

The accused claimed he acted in self-defence after the complainant punched him first.

The trial judge found the Crown's witnesses credible and reliable, rejecting the defence witnesses' testimony as fabricated and internally inconsistent.

The court concluded the complainant did not apply any force or pose any threat to the accused, and therefore the self-defence claim failed.

The accused was found guilty of assault causing bodily harm.