R. v. Scott

R. v. Scott

The videotaped sworn K.G.B. statement satisfied the threshold reliability requirement despite the absence of contemporaneous cross-examination because it was made under oath with warnings, was videotaped, and surrounding circumstances allowed the defence to expose inconsistencies and motives through testimony of...

Source-derived case information.

Citation
2004 NSSC 13
Parties
Crown: Her Majesty The Queen; Accused: Jennifer Madeline Scott
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 January 2004
Procedural Posture
Criminal / Admissibility Ruling at Trial (k.g.b. Statement)
Outcome
Videotaped sworn K.G.B. statement admitted as substantive evidence at trial
Legal Topics
Hearsay, K.g.b. Statements, Admissibility of Prior Statements, Threshold Reliability, Cross Examination, Videotaped Statement
Source Language
english
Criminal Law Evidence Law Hearsay K.g.b. Statements Admissibility of Prior Statements Threshold Reliability Cross Examination Videotaped Statement

Source-derived case record

Summary, issues, holding and outcome

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Parties

Her Majesty The Queen

Crown

Jennifer Madeline Scott

Accused

Procedural Posture

Criminal / Admissibility Ruling at Trial (k.g.b. Statement)

Legal Issues

  1. 1 Whether the videotaped K.G.B. statement is admissible as substantive evidence given the declarant's refusal to testify
  2. 2 Whether the statement meets the principled approach tests of necessity and threshold reliability
  3. 3 Whether absence of contemporaneous or later cross-examination renders the statement inadmissible

Ratio Decidendi

The videotaped sworn K.G.B. statement satisfied the threshold reliability requirement despite the absence of contemporaneous cross-examination because it was made under oath with warnings, was videotaped, and surrounding circumstances allowed the defence to expose inconsistencies and motives through testimony of police and other evidence; therefore the statement is admissible for the jury to weigh with appropriate cautions.

Court Disposition

Videotaped sworn K.G.B. statement admitted as substantive evidence at trial

Orders

  • Videotaped sworn K.G.B. statement to be played for the jury and admitted as substantive evidence
  • Trial judge to instruct jury with specific cautions regarding the lack of cross-examination, inconsistencies, leading questions in earlier interviews, and the declarant's background and suspect status