R. v. Tower

R. v. Tower

The K.G.B. statement was excluded because, on a balance of probabilities, the substitute factors (oath, videotape, contemporaneity, consistency) did not overcome the reliability deficit created by the witness's evident motive to lie and his unavailability for cross-examination; therefore threshold reliability was not met and the statement is inadmissible, making consideration of necessity unnecessary.

Citation
2006 NSSC 220
Parties
Crown: Her Majesty the Queen; Accused: Trevor John Tower
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 June 2006
Procedural Posture
Criminal Manslaughter / Voir Dire on Admissibility of K.g.b. Statement at End of Crown's Case; Trial by Judge and Jury in Progress
Outcome
Application to admit the K.G.B. statement of Scott Ross dismissed; statement excluded for lack of threshold reliability.
Legal Topics
Hearsay, K.g.b. Statements, Threshold Reliability, Prior Inconsistent Statements, Admissibility, Motive to Fabricate, Cross Examination
Source Language
English
Evidence Criminal Law Criminal Procedure Hearsay K.g.b. Statements Threshold Reliability Prior Inconsistent Statements Admissibility +2 more

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Parties

Her Majesty the Queen

Crown

Trevor John Tower

Accused

Procedural Posture

Criminal Manslaughter / Voir Dire on Admissibility of K.g.b. Statement at End of Crown's Case; Trial by Judge and Jury in Progress

Legal Issues

  1. 1 Whether the K.G.B. statement of Scott Ross is admissible under the principled approach to hearsay
  2. 2 Whether the threshold reliability requirement is satisfied given absence of cross-examination and possible motive to lie
  3. 3 Whether necessity need be considered once reliability fails

Ratio Decidendi

The K.G.B. statement was excluded because, on a balance of probabilities, the substitute factors (oath, videotape, contemporaneity, consistency) did not overcome the reliability deficit created by the witness's evident motive to lie and his unavailability for cross-examination; therefore threshold reliability was not met and the statement is inadmissible, making consideration of necessity unnecessary.

Court Disposition

Application to admit the K.G.B. statement of Scott Ross dismissed; statement excluded for lack of threshold reliability.

Orders

  • K.G.B. statement of Scott Ross excluded from evidence; application dismissed.