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The court ruled on the admissibility of proposed vehicle comparison videos, admitting the Avalon videos and part of the MPV video while excluding the MPV alley parking segment.
The trial judge did not err: the minor discrepancy regarding facial hair was considered and did not undermine identification because the identification was supported by circumstances and corroborative evidence (an independent witness confirming clothing); therefore the conviction stands.
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The letter, together with the circumstances and timing of its delivery and the detailed content, provided independent evidence sufficient that a reasonable jury could conclude the alibi was deliberately fabricated; its probative value outweighed its prejudicial effect and thus the letter, the surveillance video and the officers' testimony were admissible.
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Expert opinion evidence of Dr. Harlow was properly excluded because it was unnecessary, extended beyond his demonstrated expertise and posed a risk of distracting the jury; however, the trial judge erred in failing to leave the statutory partial defence of provocation to the jury because the surveillance video and testimony could reasonably support the necessary objective and subjective inferences, requiring a new trial on the second degree murder count.
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The court found Brian Ross Phillips guilty of break and enter and assault, holding the identification evidence, DNA links, and surrounding circumstances proved he was the intruder.
The trial judge's findings that the appellant's DNA was on the abandoned jacket, his sole DNA was on the gloves, and the booking video showed him wearing the same jacket permitted the inference of identity; no other reasonable inference existed, therefore the convictions were not unreasonable.
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The court refused to admit Facebook printouts, finding the Crown had not proved on a balance of probabilities that the accused created the account.
The court held that a balaclava found in Mr. Stewart’s residence was admissible, finding it relevant and leaving its weight and reliability to the jury.
Trial judge rejected the accused's alibi and his witness, accepted the complainant's identification evidence (including contemporaneous voice recognition and the complainant noting a bruise under the accused's eye corroborated by photographs) and therefore convicted on aggravated assault; acquitted on attempted murder because Crown did not prove specific intent to kill.
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The trial judge unlawfully relied on police officers' opinions to identify the appellant in surveillance photographs despite being unable to identify the trafficker himself and without any basis to find the officers had special expertise or advantage; consequently the conviction could not be supported and must be quashed.
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