R. v. Mohammdouh

R. v. Mohammdouh

The court dismissed the Crown's application: the proposed extrinsic incidents are not "original" evidence for Count 3 because fear is not an essential element of uttering threats under s.264.1(1)(a), the proposed incidents lack sufficient nexus/connectivity to the charged offences, their probative value is low and...

Source-derived case information.

Citation
2024 BCSC 2096
Parties
Crown/prosecution: Rex; Accused/defendant: Abdulrahman Mohammdouh; Complainant/victim: Complainant [publication ban]
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 July 2024
Procedural Posture
Criminal Charges: Sexual Assault (x2) and Uttering Threats / Oral Reasons on Crown Application to Adduce Discreditable Conduct (pre Trial Voir Dire/application)
Outcome
Crown's application to adduce the Proposed Evidence dismissed; Proposed Evidence excluded as inadmissible discreditable conduct
Legal Topics
Uttering Threats, Sexual Assault, Similar Fact Evidence, Propensity/bad Character Evidence, Admissibility Balancing (probative Vs Prejudicial), Publication Ban
Source Language
english
Criminal Law Evidence Law Uttering Threats Sexual Assault Similar Fact Evidence Propensity/bad Character Evidence Admissibility Balancing (probative Vs Prejudicial) Publication Ban

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Summary, issues, holding and outcome

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Parties

Rex

Crown/prosecution

Abdulrahman Mohammdouh

Accused/defendant

Complainant [publication ban]

Complainant/victim

Procedural Posture

Criminal Charges: Sexual Assault (x2) and Uttering Threats / Oral Reasons on Crown Application to Adduce Discreditable Conduct (pre Trial Voir Dire/application)

Legal Issues

  1. 1 Whether proposed extrinsic incidents constitute "original" evidence admissible for Count 3 (uttering threats)
  2. 2 Whether proposed extrinsic incidents are admissible propensity/discreditable conduct evidence for Counts 1 and 2 (sexual assaults)
  3. 3 Whether probative value of proposed evidence outweighs prejudicial effect

Ratio Decidendi

The court dismissed the Crown's application: the proposed extrinsic incidents are not "original" evidence for Count 3 because fear is not an essential element of uttering threats under s.264.1(1)(a), the proposed incidents lack sufficient nexus/connectivity to the charged offences, their probative value is low and is substantially outweighed by the risk of moral and reasoning prejudice; accordingly the discreditable conduct evidence is inadmissible for Count 3 and also inadmissible as propensity evidence for Counts 1 and 2 where nexus and materiality were inadequate to overcome the exclusionary rule.

Court Disposition

Crown's application to adduce the Proposed Evidence dismissed; Proposed Evidence excluded as inadmissible discreditable conduct

Orders

  • Crown's application to admit the five extrinsic incidents is dismissed
  • Proposed discreditable conduct evidence excluded from trial on Counts 1, 2 and 3