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The Court of Appeal dismissed an aggravated assault appeal, holding the trial reasons did not wrongly use disclosure or trial presence against the accused’s credibility.
The court applied the Mohan criteria and found Dr. Salsman impartial and qualified to give opinion evidence as an Emergency Room Physician on loss of consciousness and its causes (including choking and blunt force trauma) and effects, but held that a non-medical opinion in his report — the sentence 'This strike is not permitted in Boxing due to its inherent danger.' — exceeded his proper scope and must be removed; analogies to combat fighting are outside the permitted scope and will be addressed if raised at trial.
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The court found Alex Willness guilty of manslaughter after a Baker Street fight in Nelson. The decision addresses unlawful act manslaughter, causation, credibility, and self-defence.
The Supreme Court of British Columbia admitted expert evidence from Dr. Tracy Pickett on sexual assault injuries, semen leakage, and injury timing in R. v. Ali.
Medical evidence established a Grade IV pancreatic rupture requiring surgery; a reasonable person in the accused's circumstances would have foreseen that driving a knee into the complainant's abdomen with significant force risked bodily harm; the Crown disproved self-defence because the accused's actions were not for the purpose of protecting himself and were objectively unreasonable, therefore the accused is guilty of aggravated assault.
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The court granted the Crown leave to call more than five expert witnesses in a murder trial, finding the medical issues complex and duplication manageable through voir dire.
The court partially admitted Dr. Logan’s expert evidence in a sexual assault trial, but excluded opinions on specific injury mechanism, unrelated bruising, and credibility-bolstering hypotheticals.
The court convicted the accused of assault with a weapon and assault causing bodily harm, but not aggravated assault, after rejecting self-defence on the facts.
On the whole of the evidence, the Crown proved beyond a reasonable doubt that the accused deliberately put his mouth on the complainant's nose and bit down with sufficient force to cause maiming and disfigurement during a sexual episode she was resisting; the accused's accident and intoxication defences were rejected as unsupported and s.33.1 precludes reliance on self-induced intoxication for this general intent offence.
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Application for a directed verdict in a second-degree murder trial dismissed. The court held the Crown adduced evidence capable of supporting subjective knowledge of likely death.
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