R. v. Budge

R. v. Budge

The court admitted Kenny Gaigneur’s contemporaneous audio statement as meeting both threshold and, upon full consideration of trial evidence, ultimate reliability because it was spontaneous, coherent, timely, not tainted by motive to lie and corroborated by physical evidence and other testimony; combining that admitted statement with the credible testimony of the complainant and corroborating witnesses satisfied the Crown’s burden beyond a reasonable doubt that Sandra Budge assaulted Joanne Wilson, and Budge was therefore convicted.

Citation
2012 NSPC 125
Parties
Plaintiff: Her Majesty the Queen; Defendant: Sandra Budge; Defendant: Melinda Gaigneur
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 December 2012
Procedural Posture
Criminal — Assault (s.266(b) Criminal Code) / Trial Decision — Conviction
Outcome
Defendant Sandra Budge found guilty of assault contrary to s.266(b) of the Criminal Code
Legal Topics
Assault, Hearsay — Principled Exception (khelawan), Credibility Assessment, Disclosure/charter — Stay Application
Source Language
English
Criminal Law Evidence Law Procedure Assault Hearsay — Principled Exception (khelawan) Credibility Assessment Disclosure/charter — Stay Application

Case Brief

Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Plaintiff

Sandra Budge

Defendant

Melinda Gaigneur

Defendant

Procedural Posture

Criminal — Assault (s.266(b) Criminal Code) / Trial Decision — Conviction

Legal Issues

  1. 1 Whether Sandra Budge committed an assault on the complainant Joanne Wilson
  2. 2 Whether Kenny Gaigneur’s prior statement meets the ultimate reliability test for admission as a principled exception to the hearsay rule

Ratio Decidendi

The court admitted Kenny Gaigneur’s contemporaneous audio statement as meeting both threshold and, upon full consideration of trial evidence, ultimate reliability because it was spontaneous, coherent, timely, not tainted by motive to lie and corroborated by physical evidence and other testimony; combining that admitted statement with the credible testimony of the complainant and corroborating witnesses satisfied the Crown’s burden beyond a reasonable doubt that Sandra Budge assaulted Joanne Wilson, and Budge was therefore convicted.

Court Disposition

Defendant Sandra Budge found guilty of assault contrary to s.266(b) of the Criminal Code

Orders

  • Guilty verdict: convicted of assault contrary to s.266(b) Criminal Code