Silvia Kissova

Tyler Westlin pleaded guilty to assault causing bodily harm.

The victim, a hotel employee, sustained serious facial injuries requiring two surgeries.

The Crown sought a 6-month jail sentence followed by 2 years probation, emphasizing denunciation and deterrence.

The defence sought a 12-month conditional sentence, highlighting the accused's remorse, rehabilitation efforts (anger management, reduced alcohol consumption, mental health support), and a 12-year gap in his criminal record.

The court, balancing sentencing principles including proportionality and restraint, imposed a 12-month conditional sentence with restrictive conditions, finding it could adequately address denunciation and deterrence while supporting the offender's rehabilitation and financial obligations to his children.

The accused, Wendel Attard, was charged with dangerous operation of a motor vehicle causing bodily harm following a collision.

The Crown alleged that Attard's vehicle, travelling at an excessive speed (112-117 km/hr in an 80 km/hr zone), collided with another vehicle making a left turn, demonstrating dangerous driving.

The defence argued that while the driving might have been dangerous, it did not constitute a "marked departure" from the standard of care required for a criminal conviction, noting that other vehicles were also exceeding the speed limit.

The court found Attard's driving objectively dangerous due to speed and inattention, but ultimately concluded that the Crown had not proven beyond a reasonable doubt that his conduct amounted to a "marked departure" from the standard of care of a reasonable and prudent person.

Consequently, the accused was found not guilty.