The accused was convicted of robbery based entirely on DNA evidence found on a Halloween mask left near the scene.
At trial, the investigating officer improperly gave bad character evidence about the accused, which the trial judge did not address in his reasons.
The Court of Appeal ordered a new trial, finding the Crown had not proven the error was harmless.
The Supreme Court of Canada allowed the Crown's appeal and restored the convictions, holding that the trial judge's express statement that he relied 'entirely' on the DNA evidence meant the improper character evidence played no part in the convictions, making its admission a harmless error.
