Court of Appeal

Summary: Trial judge considered accused's prior acts of violence and racial slurs to have greater probative value than prejudicial effect to accused. Allowed evidence to be admitted at trial. Accused appeals. Court of Appeal recognizes they are not to lightly interfere with Trial Judge's weighing process, but does not see connection between state of mind of accused during prior acts and acts under trial. Prior acts were evidence of bad character, not state of mind and created prejudice towards accused, which Trial Judge's instructions to jury did not cure. Court of Appeal not satisfied that outcome would have been the same had this evidence been excluded.
Decision: Appeal allowed. New trial directed
Appeal: Trial judge erred in allowing evidence of bad character of the accused to be admitted at trial
Subjects: Criminal law - Evidence - Similar fact evidence
Criminal law - Appeals - New trial