Sgt. Jansz

During a trial for first degree murder, the accused brought two motions seeking further instructions to the jury at the end of the jury charge.

The first motion sought an instruction to disregard evidence elicited in re-examination regarding the accused's prior interest in firearms.

The second motion sought an instruction that the Crown's failure to call the accused's girlfriend as a witness constituted a gap in the evidence providing a basis for reasonable doubt.

The trial judge dismissed both motions, finding that the re-examination evidence was necessary to correct a false impression left during cross-examination, and that the failure to call the witness did not leave a gap in the Crown's case as she was an unnecessary and unreliable witness.

In a pre-trial motion for a first-degree murder trial, the Crown sought to admit various pieces of circumstantial evidence, including firearms purchases, text messages, and statements made by the accused.

The court applied the test of balancing probative value against prejudicial effect.

The court ruled that evidence of a handgun purchase shortly before the victim's disappearance was highly probative of intent and planning and thus admissible.

However, evidence of other firearms purchases and certain highly prejudicial text messages referring to other criminal activities were excluded or ordered to be edited.

Evidence of the financial relationship between the co-accused was deemed admissible to show the nature of their relationship.

The accused was charged with first-degree murder.

Prior to jury selection, the court heard three evidentiary applications.

The accused sought to exclude text messages based on authorship and hearsay.

The Crown sought to admit ante-mortem statements of the deceased under the principled approach to hearsay, and evidence of the accused's discreditable conduct to establish motive.

The court admitted the text messages, finding sufficient evidence of authorship.

The court admitted the ante-mortem statements, finding they met the threshold reliability test.

The court admitted some discreditable conduct evidence (prior gun possession, code of silence) as highly probative of motive, but excluded evidence of gang affiliation and drug trafficking as overly prejudicial.