Pre‑trial evidentiary rulings in a first‑degree murder prosecution concerning the admissibility of the accused’s statements and post‑offence conduct.
The accused attempted to plead guilty to manslaughter, but the Crown rejected the plea and pursued first‑degree murder based on an alleged killing during or in connection with sexual assault.
The court held that a rejected guilty plea and unaccepted defence admissions do not remove issues from the jury unless the Crown agrees to a formal admission under s. 655 of the Criminal Code.
Evidence of post‑offence conduct remained relevant to actus reus and identification issues but could not be used to determine the level of intent between manslaughter and murder.
The accused’s statement to police was admitted, subject to limited redactions and jury instructions, while a statement to a friend about “going to jail for life” was excluded for minimal probative value and high prejudicial effect.
