R. v. Barrett

R. v. Barrett

Declarant's unavailability satisfied necessity; the videotaped KGB statement taken under oath with consistent narrative, observable demeanor, absence of evidence of impairment, lack of a compelling motive to fabricate and admissibility of the accused's admissions overcame core hearsay dangers to meet threshold reliability; the probative value was not outweighed by prejudice, so the statement is admissible and its weight is for the trier of fact.

Citation
2016 NSSC 43
Parties
Crown: Her Majesty the Queen; Accused: Thomas Ted Barrett
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 February 2016
Procedural Posture
Criminal Second Degree Murder / Voir Dire on Admissibility (khelawon Application)
Outcome
KGB statement of Sheryl Flynn admitted into evidence
Legal Topics
Khelawon Principled Approach, Admissibility of Hearsay, Double Hearsay, Threshold Reliability, Probative Vs Prejudicial
Source Language
English
Criminal Law Evidence Hearsay Khelawon Principled Approach Admissibility of Hearsay Double Hearsay Threshold Reliability Probative Vs Prejudicial

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Parties

Her Majesty the Queen

Crown

Thomas Ted Barrett

Accused

Procedural Posture

Criminal Second Degree Murder / Voir Dire on Admissibility (khelawon Application)

Legal Issues

  1. 1 Whether the KGB statement of Sheryl Flynn is admissible under the principled approach to hearsay
  2. 2 Whether necessity is established by declarant's unavailability
  3. 3 Whether threshold reliability is met for the hearsay and double hearsay components

Ratio Decidendi

Declarant's unavailability satisfied necessity; the videotaped KGB statement taken under oath with consistent narrative, observable demeanor, absence of evidence of impairment, lack of a compelling motive to fabricate and admissibility of the accused's admissions overcame core hearsay dangers to meet threshold reliability; the probative value was not outweighed by prejudice, so the statement is admissible and its weight is for the trier of fact.

Court Disposition

KGB statement of Sheryl Flynn admitted into evidence

Orders

  • The videotaped KGB statement of Sheryl Flynn dated November 8, 2012 is admitted into evidence
  • No exclusion exercised under the residual discretion; the statement’s ultimate weight to be determined by the trier of fact during trial