R. v. B.T.

R. v. B.T.

C's December 8, 2011 police statement was admitted for its truth at the Upshaw voir dire because necessity was established by C's claimed memory loss and the statement satisfied threshold reliability: it was voluntarily given, recorded (audio/video), taken in compliance with s.146 YCJA procedures, contained details consistent with other evidence, and the circumstances did not indicate coercion or unreliability; the Crown may not rely on Upshaw's unadmitted statement to corroborate C (boot-strapping was declined).

Citation
2012 NSPC 86
Parties
Crown: Her Majesty The Queen; Accused / Young Person: T.(B.); Co Accused / Witness (refused to Testify): Jerricho Upshaw; Co Accused / Witness: Christopher Picco
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 September 2012
Procedural Posture
Criminal (youth Justice Court) Voir Dire on Admissibility of Hearsay (police Statements) / Voir Dire on Admissibility of C's December 8, 2011 Police Statement in the Upshaw Voir Dire; Trial Ongoing (youth Trial Begun)
Outcome
Admitted C's December 8, 2011 police statement into evidence for its truth at the Upshaw voir dire
Legal Topics
Hearsay, Principled Exception, Threshold Reliability, Necessity, Voluntariness of Statement, Corroboration, Right to Silence, Admissibility of Police Statements, Residual Discretion
Source Language
English
Criminal Law Evidence Youth Justice Hearsay Principled Exception Threshold Reliability Necessity Voluntariness of Statement +4 more

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Parties

Her Majesty The Queen

Crown

T.(B.)

Accused / Young Person

Jerricho Upshaw

Co Accused / Witness (refused to Testify)

Christopher Picco

Co Accused / Witness

Procedural Posture

Criminal (youth Justice Court) Voir Dire on Admissibility of Hearsay (police Statements) / Voir Dire on Admissibility of C's December 8, 2011 Police Statement in the Upshaw Voir Dire; Trial Ongoing (youth Trial Begun)

Legal Issues

  1. 1 Whether C's December 8, 2011 police statement is admissible for its truth under the principled exception to the hearsay rule
  2. 2 Whether the necessity requirement is met given C's claimed memory loss
  3. 3 Whether the statement meets threshold reliability considering voluntariness, s.146 YCJA compliance, recording, and circumstances of interrogation

Ratio Decidendi

C's December 8, 2011 police statement was admitted for its truth at the Upshaw voir dire because necessity was established by C's claimed memory loss and the statement satisfied threshold reliability: it was voluntarily given, recorded (audio/video), taken in compliance with s.146 YCJA procedures, contained details consistent with other evidence, and the circumstances did not indicate coercion or unreliability; the Crown may not rely on Upshaw's unadmitted statement to corroborate C (boot-strapping was declined).

Court Disposition

Admitted C's December 8, 2011 police statement into evidence for its truth at the Upshaw voir dire

Orders

  • Admit C's December 8, 2011 police statement into evidence at the Upshaw voir dire
  • Decline to rely on Jerricho Upshaw's unadmitted statement to corroborate C's statement (no boot-strapping)