The Crown brought a count-to-count similar act application during a jury trial for attempted abduction, seeking to use evidence from one count to prove criminal intent on another.
The self-represented accused made no submissions, but amicus curiae and s. 486.3 counsel raised concerns about the timing of the application.
The court dismissed the application, finding that while the evidence had moderately high probative value, its prejudicial effect was very high because the application was raised after the defence had closed its case, potentially impacting defence strategy and cross-examination.
