The Crown applied to admit evidence of prior discreditable conduct by two of the accused relating to an assault on November 23, 2011, to support a committal on a charge of second degree murder.
One accused conceded committal, but the other objected.
The court found that while some similarities existed between the prior assault and the charged offence, most were generic in nature and present in countless assault cases.
The court held that the probative value of the similar fact evidence was limited and did not outweigh the risk of prejudice.
The Crown's reasoning essentially sought to establish that the accused was the "type of person" who commits serious assaults, which is prohibited reasoning.
The application was dismissed.