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The court committed three accused to stand trial for second degree murder based on circumstantial and forensic evidence of their participation in a fatal beating.
At a preliminary inquiry into the death of Shane Stone, the Crown sought committal of three accused on charges of second degree murder.
The victim was beaten to death in the accused's bedroom on January 2, 2013.
One accused conceded committal.
The court found sufficient evidence to commit the other two accused to trial on second degree murder, with one accused also facing charges of accessory after the fact and robbery.
The decision turned on circumstantial evidence including DNA findings, forensic evidence, witness testimony, and cell phone records establishing presence and participation in the assault.
The Crown's application to admit evidence of a prior assault as similar fact evidence was dismissed due to its generic nature and high prejudicial risk.
The Crown applied to admit evidence of prior discreditable conduct by two of the accused relating to an assault on November 23, 2011, to support a committal on a charge of second degree murder.
One accused conceded committal, but the other objected.
The court found that while some similarities existed between the prior assault and the charged offence, most were generic in nature and present in countless assault cases.
The court held that the probative value of the similar fact evidence was limited and did not outweigh the risk of prejudice.
The Crown's reasoning essentially sought to establish that the accused was the "type of person" who commits serious assaults, which is prohibited reasoning.
The application was dismissed.
