T. Goddard

The accused, a bicycle courier, was charged with assault with a weapon, assault causing bodily harm, and mischief under $5,000 following a road rage altercation with a motorist.

After the accused crossed an intersection against a red light and kicked the motorist's car, the motorist exited his vehicle and aggressively confronted the accused.

The accused struck the motorist's raised hand with a bicycle lock and pulled him to the ground.

The court acquitted the accused of mischief due to a lack of evidence that his kick caused the alleged damage.

The court also acquitted the accused of the assault charges, finding that the Crown failed to disprove self-defence under s. 34 of the Criminal Code, as the accused reasonably feared for his safety and his response was proportionate.

The accused was charged with operating a motor vehicle with a blood alcohol concentration over 80.

At trial, the accused challenged the reliability of the breath test results, arguing that the Intoxilyzer 5000C had not undergone its recommended annual maintenance for over 13 months.

The court applied the Supreme Court's decision in St. Onge-Lamoureux, finding that 'improper operation' under s. 258(1)(c) of the Criminal Code includes improper maintenance.

The failure to perform the annual maintenance rebutted the presumption of accuracy of the breath test results.

Without reliable breath test results, the Crown could not prove the charge beyond a reasonable doubt, and the accused was acquitted.