R. v. Johnson

R. v. Johnson

The judge held that strong mid‑trial and final Vetrovec cautions must be given for both Kaitlin Fuller and Paul Smith because each witness’s evidence is central to the Crown’s case and their credibility is sufficiently suspect; the cautions must emphasize the danger of relying on their evidence without independent confirmatory evidence and clarify that mutual confirmation is permissible only where there is no collusion.

Citation
2015 NSSC 381
Parties
Crown: Her Majesty the Queen; Accused: Nathan Tremain Johnson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 November 2015
Procedural Posture
Criminal Murder Trial / Trial Mid Trial Application Regarding Jury Instructions (vetrovec Warnings)
Outcome
Trial judge ordered that strong mid‑trial and final Vetrovec cautions be given in relation to Kaitlin Fuller and Paul Smith and granted a temporary deferred publication ban.
Legal Topics
Vetrovec Warning, Witness Credibility, Mutual Confirmation, Disclosure, Accessory/aiding Liability
Source Language
English
Criminal Law Evidence Jury Instructions Publication Ban Vetrovec Warning Witness Credibility Mutual Confirmation Disclosure +1 more

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Parties

Her Majesty the Queen

Crown

Nathan Tremain Johnson

Accused

Procedural Posture

Criminal Murder Trial / Trial Mid Trial Application Regarding Jury Instructions (vetrovec Warnings)

Legal Issues

  1. 1 Whether mid-trial and final Vetrovec cautions should be given for Crown witnesses Paul Smith and Kaitlin Fuller
  2. 2 Whether evidence of one unsavoury witness may corroborate another absent collusion
  3. 3 Scope and content of any required caution including need for independent confirmatory evidence

Ratio Decidendi

The judge held that strong mid‑trial and final Vetrovec cautions must be given for both Kaitlin Fuller and Paul Smith because each witness’s evidence is central to the Crown’s case and their credibility is sufficiently suspect; the cautions must emphasize the danger of relying on their evidence without independent confirmatory evidence and clarify that mutual confirmation is permissible only where there is no collusion.

Court Disposition

Trial judge ordered that strong mid‑trial and final Vetrovec cautions be given in relation to Kaitlin Fuller and Paul Smith and granted a temporary deferred publication ban.

Orders

  • Temporary deferred publication ban prohibiting publication or broadcast of information relating to all evidence tendered, submissions, preliminary inquiry evidence, verdict, sentence and reasons, and all material relating to this deferred publication ban until conclusion of Randy Riley’s trial (scheduled March 2016)...
  • Trial judge to provide a strong mid‑trial and final Vetrovec caution for Kaitlin Fuller stressing the danger of relying on her evidence absent independent confirmatory evidence and that any confirmatory evidence must be untainted by connection to her.