R. v. Hill

R. v. Hill

Because a substantial and unexplained 43-minute portion of the complainant's 92-minute recorded statement was missing, the Crown failed to provide a satisfactory explanation for the loss and the missing material caused irremediable prejudice to the accused's s.7 right to make full answer and defence; no lesser remedy would suffice, therefore a stay of proceedings under s.24 of the Charter is justified.

Citation
2002 NSSC 205
Parties
Crown: Her Majesty the Queen; Accused: Douglas Hill
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 September 2002
Procedural Posture
Criminal Sexual Assault / Stay Application Under S.24 Charter (pre Trial)
Outcome
Stay of proceedings granted
Legal Topics
Charter S.7, Stay of Proceedings, Disclosure, Lost/missing Evidence, Tape Recording of Statements, Right to Full Answer and Defence
Source Language
English
Criminal Law Constitutional Law Evidence Charter S.7 Stay of Proceedings Disclosure Lost/missing Evidence Tape Recording of Statements +1 more

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Parties

Her Majesty the Queen

Crown

Douglas Hill

Accused

Procedural Posture

Criminal Sexual Assault / Stay Application Under S.24 Charter (pre Trial)

Legal Issues

  1. 1 Whether failure to preserve/produce full audio recording breached s.7 right to make full answer and defence
  2. 2 Whether Crown/police explanation for missing portion of the interview was satisfactory
  3. 3 Whether the prejudice to the accused was irremediable and justified a stay under s.24

Ratio Decidendi

Because a substantial and unexplained 43-minute portion of the complainant's 92-minute recorded statement was missing, the Crown failed to provide a satisfactory explanation for the loss and the missing material caused irremediable prejudice to the accused's s.7 right to make full answer and defence; no lesser remedy would suffice, therefore a stay of proceedings under s.24 of the Charter is justified.

Court Disposition

Stay of proceedings granted

Orders

  • Stay of proceedings on both charges pursuant to s.24 of the Canadian Charter of Rights and Freedoms
  • Motion for removal of bail conditions granted