Case # 35510
Eric Vokurka v. Her Majesty the Queen (March 21, 2014)
The appellant was convicted of aggravated assault. The trial judge found that he intentionally cut his friend and co-worker’s arm. The appellant appealed his conviction, arguing the trial judge failed to fully take into account his relationship with the complainant. The appellant argued the trial judge also failed to fully take into account his intoxicated state. The majority of the Court of Appeal dismissed the appeal. At issue is Whether the trial judge erred by failing to explain why inferences supporting the defence of accident were not accepted.