The Crown brought an application to admit the accused's prior convictions for sexual assault as similar fact evidence in their upcoming trial for sexually assaulting an unconscious woman.
The Crown argued the prior convictions, which also involved sexual assaults on unconscious women, were highly probative of identity and intention.
The accused opposed, arguing the acts were dissimilar and the evidence was highly prejudicial.
The court allowed the application, finding that the prior convictions went beyond showing general disposition and that their probative value outweighed the potential for reasoning prejudice.
