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The court acquitted the accused of five assault-with-a-weapon counts, but convicted him of uttering threats and assaulting a police officer after a laser-related confrontation and arrest.
The trial judge properly considered the appellant's mental condition and its effect on moral blameworthiness but, given the egregious breach of trust, vulnerability of the victim, intent to kill and imprecise psychiatric evidence, the 20-year sentence was not manifestly unfit and is affirmed; appeal from conviction dismissed as abandoned and leave to appeal sentence granted but dismissed; publication ban under s.486.5 set aside.
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The court found the accused guilty of assaulting a police officer with a weapon after accepting direct identification evidence that he discharged bear spray during a violent arrest.
The Crown failed to prove guilt beyond a reasonable doubt on the assault, weapon, resisting and escape charges because of significant inconsistencies in the officer's evidence, lack of corroborating physical evidence (flashlight unmarked and without fingerprints, missing pill bottle), unreliable witness accounts, and resultant reasonable doubt; the accused was convicted only of an admitted breach of recognizance and sentenced to one day, time served.
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The trial judge validly exercised discretion in rejecting the joint recommendation because the proposed sentence was not within an acceptable range given the appellant's extensive criminal record and public protection concerns; the appellate court will not substitute its own view absent a sentence that is clearly unreasonable or demonstrably unfit, therefore the total sentence of 12 months (less one month remand credit) with 18 months probation was upheld.
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The Court of Appeal for British Columbia allowed the appeal, quashed convictions and entered acquittals after finding the identity evidence and verdicts unreasonable.
The trial judge reasonably concluded the officer had authority to detain and to arrest on the basis of his observations together with reliable information from pub staff; Mann supports investigative detention and Biron permits reliance on apparent commission of offences; the trial judge's factual and credibility findings were supportable and his reasons were sufficient for appellate review; accordingly no error requiring reversal was made and the appeal is dismissed.
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The trial judge lawfully considered the guilty plea and pre-trial custody credit and did not err in sentencing; given the appellant's serious criminal record and the nature of the offences, the 15-month sentence with 6 months pre-trial custody credit is a fit sentence and is upheld.
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The Court of Appeal dismissed Mr. Lachmund’s application to extend time and seek leave to appeal, finding no arguable error of law in the convictions.
The trial judge applied a higher standard to the appellant’s evidence and failed to give adequate weight to a fundamental weakness in the police evidence (their collaborative preparation of notes despite sworn denials); this procedural legal error warranted appellate intervention, so leave was granted, the appeal allowed and the conviction set aside with an acquittal entered.
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