The applicant, charged with first-degree murder arising from a home invasion robbery, sought to introduce expert opinion evidence from a criminologist regarding the statistical likelihood of death resulting from firearms-related robberies.
The court applied the Mohan/Abbey framework for expert evidence and the elements of s. 229(c) of the Criminal Code as set out in R. v. Shand.
The court held that the proposed evidence was not logically relevant to the specific dangerous act in this case (pointing a loaded, cocked firearm) and that its potential to confuse the jury outweighed any probative value.
The application to admit the expert evidence was dismissed.
