R. v. Lewis

R. v. Lewis

Exhibit VD2 is inadmissible because the Crown failed to establish necessity and reliability: the statement was not taken under oath or after a warning, was not videotaped or electronically recorded, and the complainant did not testify and could not be cross-examined; accordingly the voir dire fails and the motion to admit the statement is dismissed.

Citation
2003 NSPC 3
Parties
Crown: R.; Accused: David Christian Lewis
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 January 2003
Procedural Posture
Criminal Assault / Voir Dire on Admissibility of Complainant's Out of Court Statements
Outcome
Crown's motion to admit Exhibit VD2 is dismissed
Legal Topics
Hearsay, Necessity and Reliability, Admissibility of Prior Statements, Witness Availability, Prior Inconsistent Statements
Source Language
English
Criminal Law Evidence Law Domestic Violence Hearsay Necessity and Reliability Admissibility of Prior Statements Witness Availability Prior Inconsistent Statements

Case Brief

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Parties

R.

Crown

David Christian Lewis

Accused

Procedural Posture

Criminal Assault / Voir Dire on Admissibility of Complainant's Out of Court Statements

Legal Issues

  1. 1 Whether the complainant's September 5, 2001 out-of-court statement (Exhibit VD2) meets the necessity requirement for hearsay admission
  2. 2 Whether Exhibit VD2 meets the reliability requirement given absence of oath/warning, videotape, electronic recording and inability to cross-examine the declarant
  3. 3 Whether necessity arises where the witness was available but not secured to testify at trial

Ratio Decidendi

Exhibit VD2 is inadmissible because the Crown failed to establish necessity and reliability: the statement was not taken under oath or after a warning, was not videotaped or electronically recorded, and the complainant did not testify and could not be cross-examined; accordingly the voir dire fails and the motion to admit the statement is dismissed.

Court Disposition

Crown's motion to admit Exhibit VD2 is dismissed

Orders

  • Crown's motion to admit the complainant's September 5, 2001 statement (Exhibit VD2) is dismissed and the statement is excluded from evidence