What is the test for admitting evidence in a murder trial involving violence occurring in the context of a close personal relationship?

Ontario, Canada


The following excerpt is from R. v. Asling, 2011 ONCJ 838 (CanLII):

6. In prosecutions involving violence occurring in the context of a close personal relationship, evidence is frequently admitted to elucidate the nature of the relationship between the accused and the victim. This evidence, which often discloses misconduct other than that charged, not only demonstrates the nature of the relationship between the parties, but also may afford evidence of motive and animus relevant to establish the identity of the deceased's killer and the state of mind with which the killing was done. Reference: R v. Moo, supra, at para 98 B. Admissibility

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