R. v. Pennell

Parties

Procedural Posture

Criminal Assault / Trial Decision (acquittal)

Legal Issues

1. 1 Whether the complainant's out-of-court prior statement met the threshold reliability required for admission under the principled hearsay exception
2. 2 Whether the complainant's recantation satisfied necessity and how that affects admissibility
3. 3 Whether the Crown proved the essential elements of assault beyond a reasonable doubt given credibility issues

Ratio Decidendi

The judge found the complainant's prior statement lacked sufficient circumstantial guarantees of trustworthiness given her motive to lie, intoxication and recantation; because the statement was therefore inadmissible and credibility doubts remained on the whole evidence leaving reasonable doubt, the Crown failed to prove assault beyond a reasonable doubt and the accused must be acquitted.

Court Disposition

Acquittal - not guilty

Orders

• Acquittal entered on the record