Nadia Jia Guo

The Crown applied under section 486.2(2) of the Criminal Code for an order permitting the complainant, Makenna Desbiens, to testify via CCTV in a trial involving 11 charges of intimate partner violence against Anthony Grantham.

The complainant, diagnosed with borderline personality disorder and PTSD, testified that she would be fearful and intimidated if required to testify in the same courtroom as the accused, which would negatively impact her ability to give a full and candid account.

The court considered factors under section 486.2(3), including the complainant's mental health, the nature of the offences, and the relationship with the accused.

The court found that CCTV testimony would facilitate a more fulsome and honest account and would not compromise the defence's ability to assess demeanor.

The Crown's application was granted.

The appellant, convicted of second-degree murder, appealed his conviction, alleging reversible misdirection in the jury instruction on after-the-fact conduct.

The appellant had dismembered and disposed of the victim's body after her death, which he claimed was due to an overdose, fearing police scrutiny.

The Court of Appeal found that the after-the-fact conduct evidence was relevant and admissible to infer unlawful causation of death and mens rea for murder.

The trial judge's instructions on drawing inferences from circumstantial evidence, including after-the-fact conduct, were deemed adequate.

The Court also found no reversible error in the absence of a specific "bad character" caution, given the direct connection of the conduct to the charge.

The appeal was dismissed.