R. v. Jarrett

R. v. Jarrett

The Crown failed to prove the accused guilty beyond a reasonable doubt because the central prosecution witness (a self‑confessed accomplice) was found unreliable and uncorroborated, and objective surveillance evidence placed the accused in her apartment or custody during the times several fires were set; accordingly the accused was acquitted.

Citation
2003 NSPC 45
Parties
Crown: R.; Accused: Carol Elizabeth Jarrett
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 September 2003
Procedural Posture
Criminal Arson / Trial Judgment (provincial Court Decision)
Outcome
Accused acquitted on all counts; two counts (1252 Queen Street and 5661 Victoria Road) were dismissed on joint motion and discharged forthwith.
Legal Topics
Accomplice Evidence, Reliability of Witness Testimony, Vetrovec Warning, Presumption of Innocence, Police Surveillance, Post Offence Conduct
Source Language
English
Criminal Law Arson Evidence Accomplice Evidence Reliability of Witness Testimony Vetrovec Warning Presumption of Innocence Police Surveillance +1 more

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Parties

R.

Crown

Carol Elizabeth Jarrett

Accused

Procedural Posture

Criminal Arson / Trial Judgment (provincial Court Decision)

Legal Issues

  1. 1 Identity of perpetrator/co‑participant
  2. 2 Reliability and trustworthiness of a self‑confessed accomplice
  3. 3 Whether Crown proved guilt beyond a reasonable doubt

Ratio Decidendi

The Crown failed to prove the accused guilty beyond a reasonable doubt because the central prosecution witness (a self‑confessed accomplice) was found unreliable and uncorroborated, and objective surveillance evidence placed the accused in her apartment or custody during the times several fires were set; accordingly the accused was acquitted.

Court Disposition

Accused acquitted on all counts; two counts (1252 Queen Street and 5661 Victoria Road) were dismissed on joint motion and discharged forthwith.

Orders

  • Accused, Carol Elizabeth Jarrett, is acquitted of the offences charged on the Information.
  • Counts relating to 1252 Queen Street and 5661 Victoria Road dismissed on joint motion and accused discharged forthwith.