Tony MacKinnon

David Morrisson, convicted of first-degree murder and attempted murder, applied under s. 745.61 of the Criminal Code for a reduction in his parole ineligibility period.

The application required judicial screening to determine if there was a substantial likelihood a jury would unanimously agree to reduce the period.

The applicant argued the old "reasonable prospect" test should apply, citing Charter ss. 11(h) and (i), but the court applied the new "substantial likelihood" test, consistent with prior rulings.

Despite Morrisson's positive institutional conduct and low risk of re-offending, the court found his repeated untruthful statements and evolving accounts of the offence, including admitted perjury, severely undermined his credibility and character.

The court concluded there was no substantial likelihood a jury would unanimously reduce his parole ineligibility, dismissing the application.

The accused was charged with two counts of assault against the complainant on April 25 and April 29, 2012, in Oakville.

The Crown proceeded summarily.

The complainant gave a detailed videotaped statement to police under oath, describing violent physical assaults including slapping, pushing, choking, and punching.

At trial, the complainant recanted her statements, claiming she could not remember the events and that police had forced her to give a statement.

The court found the complainant's trial evidence highly unreliable, riddled with inconsistencies and lacking common sense.

The court concluded that the complainant had initiated and provoked the arguments, was emotionally unstable, and had called police as a retaliatory measure after the accused ended their relationship.

The court found no independent corroboration of the alleged assaults and rejected the complainant's credibility.

The accused was acquitted on both counts.