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A first-time offender was sentenced to 30 months in custody for impaired driving causing bodily harm after severely injuring a cyclist.
The accused was convicted of impaired driving causing bodily harm after sideswiping a cyclist on a country road on October 9, 2012.
The victim suffered devastating injuries including a traumatic brain injury.
The court found the accused was so substantially intoxicated that he may not have even realized he struck the victim.
The court emphasized that general deterrence and denunciation were paramount sentencing objectives for this serious impaired driving offense.
The accused had no prior criminal record and demonstrated genuine remorse, but the severity of the victim's injuries and the degree of impairment were significant aggravating factors.
Application to direct public inquiry commissioner to state a case regarding evidence admissibility dismissed.
The applicants sought an order directing the Commissioner of the Cornwall Public Inquiry to state a case to the Divisional Court regarding whether the proposed evidence of two witnesses fell within the Inquiry's Terms of Reference.
The evidence concerned a sexual assault reported contemporaneously, which the applicants argued did not constitute 'historical abuse' under the mandate.
The majority of the Divisional Court dismissed the application, finding that the Commissioner had not exceeded his jurisdiction and that the evidence was reasonably relevant to the Inquiry's mandate to examine the institutional response to allegations of abuse.
A dissenting opinion would have granted the application.
