The applicant, Mark Smich, sought a mistrial during a joint murder trial, alleging that co-accused Dellen Millard's counsel improperly introduced highly prejudicial propensity and bad character evidence, including violent rap lyrics, beyond the scope of a Pollock and Morrisson application.
The Crown and co-accused Millard opposed the application, arguing the evidence was within the scope of cross-examination for antagonistic defenses and that timely limiting instructions had been provided.
The court dismissed the application, finding that while one specific rap lyric reference exceeded the permitted scope, it was probative to a live issue (firearm ownership) and that any potential prejudice could be cured by jury instructions, not warranting the "last resort" remedy of a mistrial.
