T. Sarantis

The offender was found guilty of aggravated assault, assault with a weapon, and breaches of probation after attacking his neighbor with a metal pole and a cleaver-style knife.

The court conditionally stayed the assault with a weapon charge under the Kienapple principle.

Weighing the offender's lengthy criminal record and the severe injuries caused against mitigating factors including harsh pre-sentence custody and substance abuse issues, the court imposed a total sentence of five years' imprisonment less credit for pre-sentence custody.

The defendant was charged with exceeding 80 mg of alcohol in 100 mL of blood.

The sole issue was whether breath samples were taken as soon as practicable as required by the Criminal Code.

The defendant was stopped at 1:40 and the first breath sample was taken at 3:04, approximately 84 minutes later.

The delay included time at the scene, travel to the police station, discovery of a malfunctioning Intoxilizer at the first division requiring relocation to a second division, booking procedures, and administrative steps.

The court found the samples were taken as soon as practicable under the circumstances and the defendant was convicted.