B. Basiga

The offender was convicted by a jury of robbery, uttering death threats, extortion, and using an imitation firearm.

The offences involved a prolonged period of terrorizing a vulnerable victim over an alleged debt owed by her sister.

The court weighed the offender's extensive criminal record and the profound impact on the victim against his recent rehabilitative efforts in custody.

A global sentence of 4 years and 8 months was imposed, including a consecutive 2-year sentence for the imitation firearm offence, less credit for pre-sentence custody.

The court also ordered a lifetime weapons prohibition, a DNA sample, a non-communication order, and $900 in restitution.

During a criminal jury trial for extortion, robbery, and death threats, the Crown sought to re‑examine the complainant about her understanding of one accused’s reputation to explain her delayed report to police.

Defence objected, arguing the evidence constituted inadmissible character evidence with prejudicial impact.

The court held that the proposed testimony was admissible not to prove the truth of the accused’s alleged reputation, but to establish the complainant’s state of mind and rebut defence suggestions that the allegations were fabricated due to delayed reporting.

Applying the balancing approach to discreditable conduct evidence, the court found the probative value in addressing credibility outweighed the potential prejudice.

The Crown was therefore permitted to ask the proposed questions with a limiting jury instruction.