Evidence of strikingly similar offence committed while accused in custody was admissible

Supreme court | Evidence

ADMISSIBILITY

Evidence of strikingly similar offence committed while accused in custody was admissible

Accused charged with second degree murder. Accused alleged to have abducted and killed school girl. Accused applied to introduce evidence of strikingly similar abduction of school girl that took place nine months later while he was in custody. Trial judge rejected proposed evidence on basis that he was not satisfied on balance of probabilities other abduction even took place. Court of Appeal allowed appeal from acquittal and ordered new trial. Appeal dismissed. Trial judge erred in putting burden on accused to show that similar offence took place. Proposed evidence raised air of reality to possibility that subsequent crime occurred and was committed by same perpetrator as murder for which accused was charged.
R. v. Grant (Mar. 5, 2015, S.C.C., Abella J., Rothstein J., Cromwell J., Moldaver J., Karakatsanis J., Wagner J., and Gascon J., File No. 35664) Decision at 110 W.C.B. (2d) 133 was affirmed.  121 W.C.B. (2d) 139.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ford government’s cuts to Toronto city council ruled constitutional

Histories of Canadian law and Métis people are entwined, says Jean Teillet

More women are on TSX company boards - but there’s slow progress to the C-Suite, says Osler

GM lawyer Michael Smith becomes partner at Bennett Jones

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Most Read Articles

Ontario court rules cap on general damages does not apply to sexual abuse

Man discharged from his fourth bankruptcy

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident