Elizabeth Kozak

During a trial for first-degree murder arising from a home invasion and robbery, the Crown brought a KGB application to admit the prior inconsistent statement of a co-perpetrator for the truth of its contents.

The co-perpetrator had confessed to undercover police officers during a 'Mr. Big' operation but recanted parts of his confession at trial.

The court found that while the statement lacked substantive reliability, it met the test for threshold reliability based on procedural reliability, as there were adequate substitutes for testing truth and accuracy, including cross-examination and the use of a truth verification strategy by the undercover officers.

The application was granted and the statement was admitted.

A 20-year-old first-time offender pleaded guilty to assault with a weapon and dangerous driving arising from an incident on the Gardiner Expressway in which he displayed a BB gun at another vehicle, causing the other driver to swerve and nearly collide with other vehicles.

The Crown sought four to six months custody plus ancillary orders.

The defence sought an absolute discharge.

The court granted an absolute discharge on both counts, finding that the offender's momentary lapse in judgment was completely out of character, that he presented a low risk of recidivism, and that the ancillary orders provided sufficient protection for the public interest.