In what circumstances will the prosecution be able to present a letter alleging that the accused was a member of a street gang?
Ontario, Canada
The following excerpt is from R. v. Williams, 2013 ONSC 3100 (CanLII):
In Tran v. Felker, 2008 U.S. Dist. LEXIS 33157, the prosecution had alleged at trial that the two accused were members of a street gang and had participated in a shooting of rival gang members in retaliation for those individuals having disrespected them. Letters written by the petitioner while in custody, which included references to bad acts unrelated to the alleged offence, as well as references to his gang, were held to have been properly admitted at trial as relevant to motive, identity, and intent. They were not, as the petitioner argued, impermissible propensity evidence.
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