The applicant sought severance of five criminal charges (two sexual assault, one sexual touching, two child pornography) into three separate trials, arguing potential prejudice if he wished to testify on some counts but not others.
The court dismissed the application, finding the applicant failed to objectively support his testimonial intention and that a viable similar fact application by the Crown connected the sexual offence counts.
The court also noted that a judge-alone trial significantly reduces the risk of reasoning prejudice from similar fact evidence.
