David Walia

During a murder trial, counsel for one co-accused renewed an application to recall two witnesses to testify about the deceased's general reputation for violence and aggression, arguing that the evidentiary basis had changed since both co-accused had now testified.

The court had previously permitted specific Scopelliti evidence of the deceased's prior acts of weaponized intimidation but denied broader character evidence.

The court found that the law and reasons from its prior ruling continued to apply and denied the renewed request, noting that unlike the other co-accused who had established an air of reality for self-defence, the moving co-accused had not satisfied that threshold.

The court sentenced Hugo Munoz to 14 years in prison for the manslaughter of his intimate partner, Cindy Coffey, after he pleaded guilty partway through his trial.

The decision details the facts of the offence, the impact on the victim’s family, Mr. Munoz’s mental health history, and the joint sentencing submission.

The court accepted the joint position, emphasizing the aggravating factors of intimate partner violence and the mitigating factors of Mr. Munoz’s guilty plea, lack of criminal record, and mental illness.

Ancillary orders included a lifetime weapons prohibition, a DNA order, and a no-contact order with specified individuals.