Ontario criminal decisions

There was no physical evidence that supported accused’s assertion of mechanical failure

Criminal Law – Offences against the person and reputation – Dangerous driving causing death

Disparities between elements and legal consequences of charges disqualified application of Kienapple

Criminal Law – Defences – Res judicata

Failure to mention evidence not indicative of failure to consider testimony

Criminal Law – Appeals – Appeal from conviction or acquittal

ASD demand became invalid because breath sample could not be obtained promptly

Criminal Law – Charter of Rights and Freedoms – Arrest or detention

Near miss before collision should have caused accused to modify his driving

Criminal Law - Offences against the person and reputation - Dangerous driving causing death

Roadside observations of police supported impaired driving charge

Criminal Law - Post-trial detention and release - Release pending appeal