The Crown sought to introduce expert opinion evidence from a forensic pathologist regarding the sequence of shots and the positioning of the deceased at the time of the shooting in a second degree murder trial.
The accused objected, arguing the opinion exceeded the expert's scope of expertise and would confuse the jury.
Following a voir dire, the court applied the Mohan framework and gatekeeper analysis, concluding the expert was properly qualified and the evidence was logically relevant and necessary.
The court ruled the probative value of the evidence outweighed any prejudicial effect and admitted the expert opinion.