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Section 276 application in a sexual assault case granted: the court admitted DNA-related evidence and permitted questions about the complainant’s prior intercourse with her husband.
The Kenny glass-analysis report was not admitted because it was disclosed and available at trial (defence elected not to use it) and, even if admitted, it was neutral and would not have affected the result in light of the strong circumstantial case (DNA match on the rock used to gain entry, surveillance placing the appellant near the scene shortly after the offence, and discovery of the stolen cashbox in his vicinity); accordingly the verdict was reasonable and the appeal is dismissed.
Source excerpt
Although the complainant was found credible and her account had the ring of truth, the Crown failed to prove the offences beyond a reasonable doubt because expected and probative male DNA (specifically from the accused) was absent from the t-shirt the complainant identified and, after testing and considering scientific limitations, reasonable doubt remained as to whether the alleged ejaculations and penetrations occurred as described; therefore accused must be acquitted.
Source excerpt
British Columbia Court of Appeal upheld Gurmit Singh Dhillon’s first-degree murder conviction, rejecting delay, jury selection, DNA warrant, and charge errors.
The British Columbia Court of Appeal dismissed Michael Feeney’s appeal from a second-degree murder conviction, rejecting Charter, DNA warrant, evidence, and jury-charge challenges.
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