R. v. Hamilton

R. v. Hamilton

Although the 911 calls could arguably qualify as res gestae, the trial judge exercised discretion to exclude them because their probative value was limited (being similar to prior consistent statements and the declarant was available to testify) and was outweighed by the potential prejudice to the accused's fair trial rights; therefore the 911 recordings and transcript were ruled inadmissible.

Citation
2011 NSSC 305
Parties
Provincial Crown: Her Majesty The Queen; Accused: Benjamin Joseph Hamilton
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 July 2011
Procedural Posture
Criminal / Voir Dire
Outcome
Excluded
Legal Topics
Res Gestae, Excited Utterance, Prior Consistent Statements, Admissibility of Evidence, Principled Exception to Hearsay, Fair Trial Prejudice
Source Language
English
Criminal Law Evidence Hearsay Res Gestae Excited Utterance Prior Consistent Statements Admissibility of Evidence Principled Exception to Hearsay +1 more

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Parties

Her Majesty The Queen

Provincial Crown

Benjamin Joseph Hamilton

Accused

Procedural Posture

Criminal / Voir Dire

Legal Issues

  1. 1 Whether 911 calls are admissible for the truth of their contents as excited utterances/res gestae
  2. 2 Whether the 911 calls are instead inadmissible prior consistent statements (oath‑helping)
  3. 3 Whether the probative value of the 911 calls is outweighed by prejudicial effect on the accused's fair trial rights

Ratio Decidendi

Although the 911 calls could arguably qualify as res gestae, the trial judge exercised discretion to exclude them because their probative value was limited (being similar to prior consistent statements and the declarant was available to testify) and was outweighed by the potential prejudice to the accused's fair trial rights; therefore the 911 recordings and transcript were ruled inadmissible.

Court Disposition

Excluded

Orders

  • 911 call recordings (voir dire Exhibit #1) and transcript (voir dire Exhibit #2) excluded from evidence as inadmissible