The accused, charged with second degree murder, sought a pre-trial ruling to admit evidence of the deceased's bad character, specifically text messages suggesting the deceased possessed a handgun and dealt drugs.
The accused argued this evidence was relevant to his claim of self-defence, as it supported his belief that the deceased's friends were retrieving a real gun during the altercation.
The Crown opposed, arguing the evidence was irrelevant and prejudicial.
The court allowed the application, finding the evidence had probative value regarding the accused's state of mind, the credibility of the Crown's witnesses, and the likelihood that the deceased's words were intended as a threat, which outweighed any prejudicial effect.
