E. Sapiono

During a trial for second degree murder, the Crown brought a motion to admit a bloodstain pattern analysis expert report as an exhibit to go to the jury.

The accused opposed the admission, arguing it would be prejudicial and redundant.

The court balanced the probative value and prejudicial effect, concluding that the report should not be filed as an exhibit because it only captured the expert's examination-in-chief, contained unaddressed photographs, and risked over-emphasizing the expert's opinion.

However, the court permitted the glossary from the report to be admitted.

The Crown brought a pre-trial application to adduce hearsay statements made by the deceased to a co-worker shortly before her death.

The deceased allegedly stated her intention to end her relationship with the accused.

The court ruled the statements admissible for their truth under both the 'present intentions/state of mind' exception to the hearsay rule and the principled approach to hearsay, finding them relevant to motive and self-defence, and sufficiently reliable.