The Crown brought an application to introduce evidence of prior discreditable conduct against the co-accused in a first-degree murder trial.
The Crown sought to admit evidence of the co-accused's prior criminal collaboration, access to firearms, and use of an animal incinerator to establish their relationship, motive, and the actus reus of the offence.
The court applied the test for admitting discreditable conduct, balancing probative value against moral and reasoning prejudice.
The court granted the application in part, finding that certain evidence was highly probative to understanding the co-accused's relationship and rebutting anticipated defences, while excluding other evidence that posed an insurmountable risk of propensity reasoning.
