Mr. Proudlove

The accused brought an application to sever 29 counts of robbery (with various firearm and imitation firearm charges) spanning from 2010 to 2015 across multiple jurisdictions in Ontario.

The Crown sought to admit evidence on a count-to-count basis as similar fact evidence to prove identity.

The court applied the test from R. v. Last and examined nine factors relevant to severance.

Finding that the similar fact evidence application was viable and that all applicable factors supported a joint trial, the court dismissed the severance application.

This is a preliminary inquiry decision arising from Project Bermuda, a Durham Regional Police investigation into cocaine trafficking.

Four accused were charged with various drug trafficking, firearm, and proceeds of crime offences.

The Crown proceeded on numerous counts with some concessions by defence counsel.

The judge applied the Shephard test to determine whether sufficient evidence existed to commit each accused to trial.

The decision addresses key legal principles regarding possession, conspiracy, voice identification, and the scope of preliminary inquiries.

Multiple counts were dismissed for insufficient evidence, while others proceeded to trial.