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The Court of Appeal upheld most convictions after finding no reversible error in credibility findings and Vetrovec analysis, but set aside the break-in instruments conviction.
The court dismissed a motor vehicle negligence claim, finding the plaintiff failed to prove the defendant’s driving caused his knee injury on a balance of probabilities.
Personal injury action from a motor vehicle collision. The court found the accident caused chronic cervical radiculopathy, awarded damages, and made a modest mitigation deduction.
Given the offender's extensive, recent and repetitive impaired-driving and driving-while-prohibited record and lack of rehabilitative prospects, maximum custodial punishment and protective measures were warranted: s.253(a) 5 years, s.259(4) 3 years (36 months) consecutive, s.252(1) 6 months consecutive (global 8.5 years / 102 months); granted life driving prohibition, ordered DNA, forfeiture of the offence-related vehicle, restitution for victim and insurer, applied customary pre-sentence custody credit (21 months at local practice) and waived victim surcharge.
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The court found both the plaintiff and the unidentified van driver negligent in a left-turn collision, and apportioned liability equally under the Negligence Act.
The Court of Appeal dismissed a sentence appeal in a fatal impaired-driving case, finding no error in principle and no demonstrable unfitness in the sentence.
The sentencing judge erred in principle by failing to give adequate weight to denunciation and general deterrence and by improperly discounting a relevant prior conviction for impaired driving causing death; accordingly a conditional sentence was not available and a custodial sentence of at least two years was required; the judge further erred in law by failing to give reasons for refusing a DNA order under s.487.051(3), and a DNA order should be made under s.487.051(1)(b).
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