R. v. Adams

R. v. Adams

The Court excluded the challenged statutory affidavits and photographic certificates because they failed to comply with the strict preconditions of Criminal Code ss.657.1 and 491.2 and the evidence showed police returned property without required process; it excluded the computer disc because the Crown failed to prove continuity and integrity of the electronic system and memory media required to authenticate electronic documents under the Canada Evidence Act; registry and other documents were inadmissible hearsay absent proper certification; identification evidence was unreliable; because the admissible evidence did not establish guilt beyond a reasonable doubt the accused Murphy was...

Citation
2009 NSPC 15
Parties
Prosecution: Her Majesty the Queen; Defendant: Peter Frederick Adams; Defendant: Marcel Shawn Murphy
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 May 2009
Procedural Posture
Criminal Trial / Trial Judgment/decision
Outcome
Judgment for the accused Marcel Shawn Murphy: acquittal on all counts tried before the Court
Legal Topics
Hearsay and Exceptions, Admissibility of Affidavits (s.657.1), Admissibility of Photographic Evidence (s.491.2), Electronic Evidence and Authentication, Continuity/chain of Custody, Identification Evidence, Doctrine of Recent Possession, Statutory Certificates (motor Vehicles Act), Adjournment and Trial Delay, Right to Full Answer and Defence
Source Language
English
Criminal Law Evidence Property Law Motor Vehicle Law Procedural Law Hearsay and Exceptions Admissibility of Affidavits (s.657.1) Admissibility of Photographic Evidence (s.491.2) +7 more

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Parties

Her Majesty the Queen

Prosecution

Peter Frederick Adams

Defendant

Marcel Shawn Murphy

Defendant

Procedural Posture

Criminal Trial / Trial Judgment/decision

Legal Issues

  1. 1 Whether Crown affidavits under Criminal Code s.657.1 complied with statutory requirements and were admissible
  2. 2 Whether photographic affidavits and certified photographs under Criminal Code s.491.2 were admissible given police conduct returning property
  3. 3 Whether the computer disc (electronic photographs) was authenticated and its data continuity proven to admit its contents

Ratio Decidendi

The Court excluded the challenged statutory affidavits and photographic certificates because they failed to comply with the strict preconditions of Criminal Code ss.657.1 and 491.2 and the evidence showed police returned property without required process; it excluded the computer disc because the Crown failed to prove continuity and integrity of the electronic system and memory media required to authenticate electronic documents under the Canada Evidence Act; registry and other documents were inadmissible hearsay absent proper certification; identification evidence was unreliable; because the admissible evidence did not establish guilt beyond a reasonable doubt the accused Murphy was...

Court Disposition

Judgment for the accused Marcel Shawn Murphy: acquittal on all counts tried before the Court

Orders

  • Affidavits Exhibits C1 through C88 excluded and inadmissible
  • Affidavits of Constables Johnston, Tucker and Habib (Exhibits C89, C90, C92) excluded under Criminal Code s.491.2 and related exhibits expunged