During a jury trial for firearms offences, the defence called evidence suggesting third parties were responsible for the crime without bringing a pre-trial application to determine its admissibility.
The Crown applied for a mistrial, arguing the evidence was inadmissible and its late introduction caused irremediable prejudice.
The court ruled that while an application should have been brought, the failure to do so was an honest mistake.
The court found the evidence regarding two unidentified males was logically relevant and its probative value was not substantially outweighed by prejudicial effect, making it admissible.
However, evidence suggesting the complainant possessed the firearm was excluded as speculative.
The court dismissed the mistrial application, finding the Crown was not irremediably prejudiced, but allowed the Crown to reconsider calling reply evidence.
