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Evidence - Criminal Records (2)

. R. v. Mohammad-Daud

In R. v. Mohammad-Daud (Ont CA, 2024) the Ontario Court of Appeal considers the admission of prior convictions in a criminal trial [CCC s.666 - 'Evidence of character']:
[8] Evidence of prior convictions is admissible under s. 666 of the Criminal Code, R.S.C, 1985, c. C-46, where the accused has put his character in issue. The trial judge found that the appellant put his character in issue by seeking in his testimony “to foster the impression that he is a bad driver who is accident prone, but that he does not have the moral disposition to intentionally hit someone with a motor vehicle.”
. R. v. Bush

In R. v. Bush (Ont CA, 2024) the Ontario Court of Appeal dismissed a criminal appeal against an attempted murder conviction. In these extracts the court upholds the trial judge in dismissing the defendant's 'Corbett application' [admissibility of criminal record], which was commenced immediately after the Crown's case closed:
[13] The trial judge dismissed the Corbett application. In doing so, he concluded, at para. 20: “The probative value of the Applicant's record outweighs any prejudice [to] the Applicant and that prejudice can be addressed through a properly worded instruction.”



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Last modified: 17-04-24
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