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The court excluded a Crown question about an accused's use of a false name in an unrelated Ontario proceeding, finding it would improperly attack character.
British Columbia Court of Appeal dismissed a murder conviction appeal, holding that disputed character, opinion, and hearsay evidence did not warrant a new trial.
Although the trial judge made errors in aspects of the jury charge and failed to give sufficiently specific instructions as to the meaning and proper uses of highly prejudicial bad character admissions, the impugned evidence was nonetheless admissible for the co-accused’s defences (credibility, duress and to raise doubt about his participation) and, on the record, the Crown’s evidence of Earhart’s involvement in the murder was so cogent that the curative proviso applies; therefore the conviction was upheld and the appeal dismissed.
Source excerpt
Oral voir dire ruling on use of criminal records in credibility attacks; the court allowed contextualized use of Paul Olsen’s juvenile record and no sanitizing of Tamara Odea’s record.
The Court of Appeal dismissed a robbery appeal, holding the trial judge reasonably applied W.(D.) and could rely on drug addiction as evidence of motive, not propensity.
The court ruled on an application to exclude or edit intercepted private communications, admitting most calls as relevant while excluding calls 231 and 232 and parts of calls 52, 56, 60 and 75.
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