The Crown brought a similar fact application to admit evidence of prior discreditable conduct, specifically a sexual assault conviction against accused E.L. involving the same complainant.
The court assessed the relevance, materiality, and probative value of the evidence against its potential prejudicial effect, particularly for co-accused V.S. The court found the evidence highly probative, especially given the child complainant and the pattern of behaviour alleged, and that its probative value outweighed the prejudice.
The application was granted, allowing the conviction and decision to be admitted, with a restriction on questioning the complainant about the substance of the prior conviction.