Nenad Trbojevic

The accused was charged with first degree murder for the stabbing death of his wife.

After the Crown closed its case, the defence applied for a directed verdict of second degree murder, arguing there was insufficient evidence of planning and deliberation.

The court reviewed the evidence globally, including the accused's journal entries expressing frustration with his wife, his delay in calling 911 after the stabbing, and his medical knowledge of vital organs.

The court concluded there was sufficient evidence for a properly instructed jury to reasonably find planning and deliberation, and dismissed the application.

During a trial, the defence brought a motion requiring the Crown to produce the defendant's complete police statement to the jury.

The defence argued that the Crown's re-examination of the lead investigator left the jury with the prejudicial understanding that the defendant had provided a statement.

The court dismissed the motion, finding that the Crown's questions did not infer any statement was given to the police, and noted that the defence had improperly delayed bringing the application until after the Crown closed its case.

In a first-degree murder trial, the Crown sought to admit autopsy, hospital, and clothing photographs of the deceased.

The defence objected, arguing the photographs were excessive, unnecessary, and unduly prejudicial.

The court applied the test of relevance and probative value versus prejudicial effect, finding the photographs highly probative for the jury to understand the nature of the injuries and the defendant's statements, and not unduly prejudicial.

The court ruled to admit all vetted photographs, emphasizing their necessity to assist the pathologist's testimony and provide context beyond diagrams.

The accused, charged with first-degree murder, brought an O'Connor application seeking the production of the deceased's OHIP records.

The court found no foundation that the records were likely relevant to the issues at trial, noting that the best evidence of the deceased's mental health was an existing psychologist's report.

The court concluded the application was based on speculation and sought to enlarge collateral issues.

The first stage test was not met, and the application was dismissed.

The Crown sought to introduce a statement made by the accused, whose first language is Pashto, during a murder investigation.

The defence argued the statement was involuntary and obtained in violation of sections 7, 10(a), and 10(b) of the Charter due to a language barrier.

The court found that the accused understood English sufficiently, was provided with an interpreter and duty counsel, and gave the statement voluntarily without any police oppression or inducements.

The statement was ruled admissible.

The accused was charged with driving while disqualified contrary to section 259(4) of the Criminal Code.

The Crown alleged that the accused drove a motor vehicle on Highway 401 in Pickering while bound by a provincial suspension.

The accused testified that he was unaware of the suspension, believing it had expired on June 19, 2013, when in fact it remained in effect until June 19, 2015.

The court found that the Crown failed to prove beyond a reasonable doubt that the accused had knowledge of the suspension.

The accused was acquitted.

The defendant brought a Charter application challenging the admissibility of his inculpatory statement to police.

The defendant alleged that police failed to facilitate his contact with counsel of choice, thereby breaching section 10(b) of the Canadian Charter of Rights and Freedoms.

The defendant suffered from Fetal Alcohol Syndrome and had a developmental age of 12 to 13 years.

Despite being informed of these significant vulnerabilities by the defendant's Children's Aid Society worker, police proceeded with routine arrest procedures without accommodating the defendant's special needs.

The court found that police willfully disregarded the defendant's disabilities and failed to ensure meaningful contact with counsel of choice.

The court granted the application and excluded the defendant's statement from evidence pursuant to section 24(2) of the Charter.

The Crown applied to adduce evidence under s. 540(7) of the Criminal Code at a preliminary inquiry for a second degree murder charge.

The Crown sought to introduce various evidence including photographs, statements from ambulance attendants, victim statements to her lawyer and mother, video and audio recordings, cell phone records and text messages, forensic reports, and pathology reports.

The defence opposed admission of the victim's statements to her lawyer and mother.

The court admitted most of the Crown's proposed evidence, finding it credible and trustworthy under the s. 540(7) threshold.

The court also admitted the victim's statements to her mother and lawyer, finding they met the threshold test and that the witnesses had sufficient reliability despite potential credibility issues.