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The Ontario Court of Appeal dismissed Jeson Beljour’s appeal, upholding convictions for fentanyl trafficking, proceeds of crime, and obstruction.
The court convicted Christopher Le Mattatall on firearm, drug trafficking, and obstruction counts, but acquitted him of possession of stolen property.
The court rejected NCRMD, found the accused criminally responsible, convicted him on aggravated assault, disarming a peace officer, and obstruction, and dismissed attempted murder and weapons-possession charges.
The appeal is dismissed because the trial judge's credibility findings and application of the W.(D.) framework were supported by the evidentiary record; the appellant's purported fresh evidence was inadmissible for lack of due diligence and would not have affected the outcome; any minor misstatement by the trial judge was immaterial and did not amount to a material misapprehension that would undermine the convictions.
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Appeal from an obstruction conviction allowed after the court found error in the actus reus analysis; a new trial was ordered.
Crown failed to discharge its burden on counts 1-3: toxicology extrapolation to >80 mg/100ml was undermined by realistic evidentiary possibility of recent ('bolus') drinking within 30 minutes so reasonable doubt existed; evidence did not establish dangerous driving as a marked departure given road condition, lighting, lack of reliable indicia of impairment and possibility that the accused legitimately believed he hit a deer; accused therefore neither knew nor was reckless that he had struck a person. Conviction entered only on obstruction count by guilty plea under s.129(a).
Source excerpt
Sentence on a breach of a long-term supervision order and obstruction of a peace officer: two years plus six months consecutive, with enhanced pre-sentence credit and only one day to serve.
The court sentenced Walter George Saunders for theft, obstruction and breach of probation, imposing concurrent custodial terms, credit for time served, and 18 months' probation.
The court held Mr. Fong’s arrest was unlawful because police lacked objective grounds for obstruction, but damages were limited to physical injuries and modest Charter vindication.
The British Columbia Court of Appeal dismissed Mr. Lloyd’s appeal, holding the arrest lawful and the search incident to arrest reasonable under s. 8.
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