Chris Rudnicki

This pre-trial application addressed the admissibility of expert testimony on urban street gangs, evidence of prior violent incidents, and YouTube videos in a murder trial.

The Crown sought to introduce this evidence to establish motive related to inter-gang rivalry.

The court applied the Mohan criteria and a cost/benefit analysis, ruling that expert evidence on general gang phenomena and specific incidents was admissible, but with limitations on ultimate issues and hearsay.

Initially, some videos were admitted, but this ruling was reversed after the accused made admissions regarding gang existence and membership, as the videos' probative value was then outweighed by their prejudice.

A subsequent application by the Crown to re-admit videos during cross-examination of an accused was also refused, upholding the principle against compelling an accused to put character in issue.

The Crown sought to admit expert testimony on urban street gang slang to interpret intercepted communications in a murder trial.

While the defence conceded the general admissibility criteria, the judge raised concerns about the expert opining on the precise meaning of communications, which could trench on the ultimate issue.

Despite conflicting authorities, the judge permitted the expert to interpret the communications directly, as all counsel uniformly preferred this approach over hypotheticals.

The defendant pleaded guilty to robbery with an imitation firearm and use of an imitation firearm in commission of an indictable offence.

The offences arose from a robbery of an individual who had advertised a ring for sale on Kijiji.

The defendant brandished an imitation firearm during a struggle over the ring but was not disguised and did not use gratuitous violence.

The court imposed a total sentence of 30 months imprisonment, with enhanced credit for pre-trial custody, resulting in a net sentence of 16.2 months imprisonment plus 12 months consecutive, followed by 3 years probation.

The court considered the defendant's youth, early guilty plea, criminal record, and rehabilitation potential in fashioning the sentence.

The offender pleaded guilty to three counts of trafficking in crack cocaine and one count of possession of the proceeds of crime following a police dial-a-dope operation.

The Crown sought a custodial sentence of 6 to 12 months, while the defence sought a conditional sentence.

The court considered the offender's personal circumstances, including his efforts at rehabilitation, as well as systemic factors contributing to the overincarceration of African Canadians.

The court imposed a conditional sentence of two years less a day, subject to strict conditions including house arrest and drug treatment.

The defendant pleaded guilty to trafficking in crack cocaine and possession of proceeds of crime after selling drugs to an undercover police officer.

He brought an application for a stay of proceedings, arguing entrapment.

The undercover officer had called a phone number provided by a confidential informant and, after a brief initial exchange, asked to purchase drugs.

The court found that the police were conducting a bona fide investigation and had reasonable suspicion before presenting the opportunity to commit the offence.

The application for a stay of proceedings was dismissed.