Natasha Jerome

This criminal trial concerned 17 counts of domestic abuse allegations against the accused, Leon Giardino, involving his former spouse, Santina Giardino, between 2013 and 2021.

Charges included assault, assault with a weapon, choking, mischief, uttering threats, and failing to comply with release orders.

The court applied the W.(D.) framework for assessing conflicting testimony.

The judge found the accused guilty of 10 counts, including multiple assaults, assault by choking, uttering threats, and one count of failing to comply with a release order, while acquitting on other charges due to insufficient evidence or reasonable doubt.

The Crown brought a pretrial application to admit evidence of similar acts and prior discreditable conduct of the accused in a domestic violence case involving multiple assault charges.

The defence opposed the admission, arguing the evidence was highly prejudicial and presumptively inadmissible.

The court, applying the principles from *R. v. Z.W.C.*, denied the Crown's application.

It found that the probative value of the proposed evidence did not outweigh its prejudicial effect, as it largely constituted hearsay or vague observations not directly describing Criminal Code offences, and would risk impermissible bad character reasoning.