R. v. N.W.

R. v. N.W.

The judge held the accused's testimony constituted alibi evidence; prior information received from the accused's mother was not timely or adequate notice of the alibi; given the lack of adequate, timely notice the Crown is permitted to cross-examine the accused on the alibi and may seek a negative inference from the late disclosure.

Citation
2017 NSPC 38
Parties
Crown: Her Majesty the Queen; Accused: W. (N.)
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 July 2017
Procedural Posture
Criminal Youth Justice / Voir Dire / Ruling on Admissibility and Notice of Alibi Evidence During Trial
Outcome
Alibi evidence found; Defence notice was not timely or adequate; Crown permitted to cross-examine the accused on the alibi; Crown may seek an adverse inference from the late disclosure.
Legal Topics
Alibi, Disclosure Obligations, Right to Silence, Cross Examination, Adverse Inference
Source Language
English
Criminal Law Youth Justice Evidence Procedure Alibi Disclosure Obligations Right to Silence Cross Examination +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Her Majesty the Queen

Crown

W. (N.)

Accused

Procedural Posture

Criminal Youth Justice / Voir Dire / Ruling on Admissibility and Notice of Alibi Evidence During Trial

Legal Issues

  1. 1 Whether the accused's testimony constituted alibi evidence
  2. 2 Whether the Crown received timely and adequate notice of the alibi
  3. 3 Whether the Crown may cross-examine the accused about the alibi

Ratio Decidendi

The judge held the accused's testimony constituted alibi evidence; prior information received from the accused's mother was not timely or adequate notice of the alibi; given the lack of adequate, timely notice the Crown is permitted to cross-examine the accused on the alibi and may seek a negative inference from the late disclosure.

Court Disposition

Alibi evidence found; Defence notice was not timely or adequate; Crown permitted to cross-examine the accused on the alibi; Crown may seek an adverse inference from the late disclosure.

Orders

  • Crown permitted to cross-examine N.W. on his alibi evidence.
  • Crown may seek a negative (adverse) inference from the Defence's late disclosure of the alibi.