2 total
Accused found guilty of attempted murder and uttering threats; intoxication did not negate specific intent.
The accused was charged with attempted murder, aggravated assault, uttering threats, and breach of probation following a violent attack on his sisters-in-law and niece.
After pleading guilty to aggravated assault and breach of probation, the trial proceeded on the remaining charges.
The accused argued that his severe intoxication negated the specific intent required for attempted murder.
The court found that despite a high blood alcohol concentration, the accused had an operating mind, foresaw the consequences of his actions, and possessed the specific intent to cause death.
The accused was found guilty of attempted murder and uttering threats.
Accused acquitted of impaired driving but found guilty of refusing breath demand despite Charter breaches.
The accused was charged with impaired driving and refusing to comply with a breath demand.
The court found the evidence insufficient to prove impaired driving beyond a reasonable doubt.
The accused brought a Charter application alleging breaches of his ss. 8, 10(a), and 10(b) rights during the roadside investigation.
The court found breaches of ss. 8 and 10(a) because the accused was not promptly informed of the reasons for his detention, but found no s. 10(b) breach as he was ultimately provided a reasonable opportunity to contact counsel.
Applying the Grant framework, the court declined to exclude the evidence of the breath refusal under s. 24(2).
The accused was found guilty of refusing to comply with a breath demand.
