Robert J. Beckett

The accused applied for bail after being charged with first degree murder arising from a group assault that culminated in the fatal stabbing of the deceased by a co‑accused.

The court considered the primary, secondary, and tertiary grounds for detention under s. 515(10) of the Criminal Code.

Although the Crown argued the evidence was overwhelming and that detention was necessary to maintain public confidence, the court found the accused’s role in the fatal act was uncertain and that a strict release plan with multiple sureties, house arrest, and extensive conditions sufficiently mitigated risks.

The proposed sureties were found credible and capable of supervising the accused.

The court concluded detention was not justified and ordered release on stringent conditions.

The accused, charged with second-degree murder arising from a fatal stabbing, brought an application to admit evidence of the deceased’s bad character in support of a self-defence theory.

The proposed evidence included the deceased’s criminal record, reputation as a “tough guy”, prior drug use, and police occurrence reports.

The court held that evidence of bad character not known to the accused must still satisfy the requirements of relevance and admissibility, and that its probative value must outweigh its prejudicial effect.

The court found the proposed evidence lacked sufficient probative value and risked inviting the jury to reason improperly about the deceased’s character.

The application was largely dismissed, though evidence of the deceased’s intention to confront and assault the accused on the night in question was permitted.