R. v. B.T.

R. v. B.T.

The police statement of Jerricho Upshaw is admissible as a principled exception to the hearsay rule because necessity is established by his refusal to testify and threshold reliability is satisfied by multiple indicia of trustworthiness: voluntariness, videotaping, and significant corroboration from independent sources (co-accused testimony, witnesses, surveillance/ATM evidence, recovered firearm and forensic analysis, and contemporaneous witness accounts).

Citation
2012 NSPC 87
Parties
Crown: Her Majesty The Queen; Accused (young Person): T.(B.); Witness (refused to Testify): Jerricho Upshaw
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
1 October 2012
Procedural Posture
Youth Criminal Trial First Degree Murder / Voir Dire on Admissibility of Hearsay (khelawon Application)
Outcome
Police statement of Jerricho Upshaw admitted as principled exception to hearsay rule
Legal Topics
Hearsay Admissibility, Principled Approach (khelawon), Voluntariness of Statements, Accomplice Evidence, Videotaped Statements, Cross Examination Limits
Source Language
English
Criminal Law Evidence Youth Justice Forensic Science Hearsay Admissibility Principled Approach (khelawon) Voluntariness of Statements Accomplice Evidence +2 more

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Parties

Her Majesty The Queen

Crown

T.(B.)

Accused (young Person)

Jerricho Upshaw

Witness (refused to Testify)

Procedural Posture

Youth Criminal Trial First Degree Murder / Voir Dire on Admissibility of Hearsay (khelawon Application)

Legal Issues

  1. 1 Whether Jerricho Upshaw’s police statement is admissible as a principled exception to the hearsay rule
  2. 2 Whether necessity is satisfied by Upshaw’s refusal to testify
  3. 3 Whether the statement meets threshold reliability despite lack of cross-examination

Ratio Decidendi

The police statement of Jerricho Upshaw is admissible as a principled exception to the hearsay rule because necessity is established by his refusal to testify and threshold reliability is satisfied by multiple indicia of trustworthiness: voluntariness, videotaping, and significant corroboration from independent sources (co-accused testimony, witnesses, surveillance/ATM evidence, recovered firearm and forensic analysis, and contemporaneous witness accounts).

Court Disposition

Police statement of Jerricho Upshaw admitted as principled exception to hearsay rule

Orders

  • Admit the videotaped November 21/22, 2011 police statement of Jerricho Upshaw as evidence at trial subject to assessment of weight by the trier of fact
  • Show cause hearing for Upshaw contempt set for November 23, 2012