Her Majesty the Queen v. Marty David O’Brien – February 23, 2011
The respondent was convicted of robbing a convenience store while wearing a mask and carrying a knife. DNA evidence was obtained from a mask that was found near the store. Several years after the robbery took place, the DNA evidence was matched to O’Brien’s. The trial judge concluded that the DNA evidence established O’Brien was the robber.
The Court of Appeal concluded that while the verdict was reasonable, the trial judge had erred in admitting extensive bad character evidence.