P. McDermott

The defence sought to call a forensic psychiatrist, Dr. Peter Collins, to provide expert opinion evidence on the neurobiological responses to stress and the impact of military training on decision-making.

The Crown objected, arguing the evidence was unnecessary and within the common knowledge of the jury.

The court applied the Mohan framework and the Supreme Court's guidance on self-defence from this very case, concluding that the expert evidence was necessary to help the jury assess the reasonableness of the accused's conduct and his role in the incident.

The application to admit the expert evidence was granted, subject to certain redactions.

The Crown sought to introduce expert opinion evidence from a forensic pathologist regarding the sequence of shots and the positioning of the deceased at the time of the shooting in a second degree murder trial.

The accused objected, arguing the opinion exceeded the expert's scope of expertise and would confuse the jury.

Following a voir dire, the court applied the Mohan framework and gatekeeper analysis, concluding the expert was properly qualified and the evidence was logically relevant and necessary.

The court ruled the probative value of the evidence outweighed any prejudicial effect and admitted the expert opinion.

The Crown brought an application to admit evidence of three prior incidents of discreditable conduct by the accused at his trial for arson.

The Crown argued the evidence was admissible to rebut innocent association, counter third-party propensity, corroborate an unsavoury witness, show a pattern of behaviour, and complete the narrative.

The court applied the principled approach from Handy and found that the probative value of the evidence was limited, partly due to collusion between witnesses, and was outweighed by its prejudicial effect.

The application was dismissed.