Sophia Hettie Mary Newbould

Michael Schmidt appealed his conviction for obstructing a peace officer and his 60-day intermittent custodial sentence.

The Superior Court of Justice dismissed the conviction appeal, finding no error in the trial judge's assessment of the obstruction elements, the dismissal of third-party records and s.11(b) Charter delay applications, or the reconciliation of inconsistent verdicts.

However, the sentence appeal was allowed, varying the sentence to a one-month conditional sentence.

The court found that the trial judge erred by "jumping the Crown" on sentencing without providing counsel an opportunity to make further submissions, despite the Crown having proposed a conditional sentence.

The accused pleaded guilty to five offences: assault causing bodily harm (July 9, 2011), breach of undertaking (December 1, 2011), uttering threats (January 6, 2012), assault on a peace officer (January 7, 2012), and breach of recognizance (January 6, 2012).

The assault on the victim resulted in serious injuries including spinal cord syndrome, chronic pain, and permanent disability.

The accused has a significant criminal record including six prior assault convictions.

The court imposed a sentence of 10 months and 4 days imprisonment (after crediting 61 days presentence custody) with concurrent sentences on the remaining charges, followed by 24 months probation with strict conditions including abstinence from alcohol, participation in treatment programs, and no contact with victims.