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EVIDENCE - Admissibility - Fresh evidence - Opinion evidence - Expert evidence - Basis for opinion

Friday, September 15, 2017 @ 8:26 AM  

Appeal by the accused from conviction for first degree murder. The appellant had been acquitted at his first trial. At issue was the identity of the murderer. The Crown’s theory was that the appellant, an associate of a street gang, shot and killed the victim mistakenly believing the victim was a member of a rival street gang. The Crown’s case rested significantly on the evidence concerning the meaning of a teardrop tattoo. The Crown’s expert on gang culture testified about the meaning of a teardrop tattoo...