E. Sapiano

The Crown brought a motion to determine the admissibility of crime scene and autopsy photographs in a second degree murder trial.

The defence objected to several photographs on the basis of relevance, redundancy, and prejudicial effect.

The court applied the test of whether the probative value of the photographs outweighed their prejudicial effect.

The court admitted most of the photographs, finding them probative of the deceased's position, the extent of her injuries, and the amount of blood, but required the Crown to edit certain photographs to protect the deceased's dignity and minimize prejudice.

The accused pleaded guilty to second degree murder and attempted murder arising from a street stabbing that killed one victim and seriously injured another.

The court considered the factors under s. 745.4 of the Criminal Code for determining the period of parole ineligibility, including the character of the offender, the nature of the offence, and the surrounding circumstances.

Aggravating factors included the unprovoked knife attack on unarmed strangers in a public place and the offender’s role as the aggressor.

Mitigating factors included youth, remorse, family support, and the guilty plea.

The court imposed life imprisonment for second degree murder with a 12‑year parole ineligibility period and a concurrent 10‑year sentence for attempted murder.