Deceased’s record dated and had limited probative value

Supreme court | Evidence

CHARACTER EVIDENCE

Deceased’s record dated and had limited probative value

Accused charged with second degree murder. Accused took part in planned robbery of deceased, a drug dealer. Accused testified that after robbery was aborted deceased approached him threateningly and displayed gun in his waistband. Accused then shot deceased repeatedly. Defence sought to lead evidence that deceased had criminal record for firearms. Trial judge excluded evidence of deceased’s record. Majority of Court of Appeal dismissed accused’s appeal. Majority held that deceased’s record was dated and had limited probative value and evidence would have protracted trial and distracted jury. Accused’s further appeal to Supreme Court of Canada dismissed. Trial judge did not err in finding that minimal probative value of evidence was substantially outweighed by its prejudicial effect.
R. v. Jackson (Apr. 23, 2014, S.C.C., Abella J., Rothstein J., Moldaver J., Karakatsanis J., and Wagner J., File No. 35622) Decision at 109 W.C.B. (2d) 558 was affirmed.  112 W.C.B. (2d) 674.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Modern family arrangements, multi-jurisdictional presence raising estates complexity, say lawyers

Ontario Superior Court of Justice dismisses joint tenant's application to order property's sale

Ontario Court of Appeal allows statement of claim amendment in Bayer personal injury case

Ontario’s response to COVID’s long-term-care crisis lacks an ‘easy fix,’ says elder law lawyer

With more lawyers doing pro bono, profession can meet access-to-justice gap, says Lynn Burns

Ontario Superior Court orders costs for unreasonable conduct and bad faith in child support case

Most Read Articles

Ontario Superior Court orders costs for unreasonable conduct and bad faith in child support case

Ontario’s response to COVID’s long-term-care crisis lacks an ‘easy fix,’ says elder law lawyer

With more lawyers doing pro bono, profession can meet access-to-justice gap, says Lynn Burns

Ontario Superior Court of Justice dismisses joint tenant's application to order property's sale