R. v. Melvin

Parties

Procedural Posture

Criminal / Voir Dire (admissibility)

Legal Issues

1. 1 Whether verbal statements of two deceased witnesses are admissible for the truth of their contents under the principled exception to the hearsay rule
2. 2 How to apply R. v. Bradshaw and R. v. Khelawon on threshold reliability and the limited role of corroboration
3. 3 Whether the probative value is outweighed by prejudice to the accused

Ratio Decidendi

The hearsay statements of Trevor Hanna and Michael Coombs are admissible for the truth of their contents because necessity is conceded and substantive reliability is established: the statements were spontaneous, innocuous, made to officers who accurately recorded them, the declarants were sober with clear recall, the statements mutually corroborate and are corroborated by Jason Hallett's testimony, alternative explanations (collusion, modelling, fabrication) are implausible in the circumstances, and the probative value is not outweighed by prejudice to the accused.

Court Disposition

Admitted

Orders

• Verbal statements of Trevor Hanna (June 14, 2011) and Michael Coombs (September 28, 2011) are admissible at trial for the truth of their contents