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.
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.
