Ontario Criminal


Evidence

CHARACTER EVIDENCE
Real danger existed that jury could convict based solely on fact that accused was gang member

Accused was charged with attempted murder and discharging firearm with intent to wound. Identity of shooter was at issue and Crown sought to introduce discreditable conduct of accused as part of its theory that accused was ordered to commit offence as lieutenant in gang. Crown sought to identify boss and other accused as being gang members with accused arguing Crown could introduce its theory by fact all of them had grown up in same neighbourhood. Application dismissed. There was real danger that jury could convict accused based solely on fact that accused was member in gang. Crown could introduce its theory through other means that would not be so prejudicial to accused.

R. v. Charlton (Sep. 25, 2015, Ont. S.C.J., Barnes J., File No. CRIMJ(P) 250/13) 124 W.C.B. (2d) 471.

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