The Crown brought a pre-trial application to admit expert evidence from a Brazilian Jiu Jitsu practitioner regarding the mechanics and effects of blood chokeholds.
The Crown theorized that the accused used a rear naked choke to kill the victim, explaining the lack of structural damage to her neck.
The court applied the Mohan criteria and the Abbey two-step process to assess the admissibility of the evidence.
The court found that the evidence had low probative value because there was insufficient evidence connecting the accused to martial arts training, and high prejudicial effect.
Furthermore, the court held that evidence regarding the physiological effects of chokeholds should be introduced by medical experts, not a martial arts practitioner.
The application to admit the expert evidence was dismissed.
