The court considered the admissibility of discreditable conduct evidence in a judge-alone trial for first-degree murder and attempted murder.
The Crown sought to introduce evidence that the accused, O.W., threatened the deceased with a firearm on Instagram Live hours before the homicide, and a video showing O.W. associating with J.A. (the co-accused) who brandished a handgun.
The court found both pieces of evidence highly probative to issues of motive, animus, intent, and identification, and held that their probative value outweighed any prejudicial effect, especially given the reduced risk of prejudice in a judge-alone trial.
The application to admit the evidence was granted.
