What is the probative value of the drop sheet and shovel used as evidence in a murder trial?

Ontario, Canada


The following excerpt is from R. v. Jacobson, 2009 ONCA 130 (CanLII):

The test for probative value is low, see Morris v. The Queen, 1983 CanLII 28 (SCC), [1983] 2 S.C.R. 190; and it is sufficient that the desired inference is more probable with the evidence than it would be without the evidence. The drop sheet and shovel meet this test. No single piece of evidence bears the ultimate burden of proof and the impugned evidence could properly be used with the other evidence, especially the looped draw string found at the scene, to draw an inference that the killing was planned and deliberate. The fact that over time the plan may have changed did not diminish the probative value of this evidence. We do not agree with the appellant that the probative value of this evidence depended solely on the wiretap conversation with the accomplice, which was not led as evidence.

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