R. v. Anderson

R. v. Anderson

The court admitted Kirstin Hunt's out-of-court identification as a spontaneous utterance under the traditional res gestae exception without requiring the Crown to first prove unavailability; the rebuke by one or more male intruders is admissible for its truth as an adoptive admission and under the co-conspirator/res...

Source-derived case information.

Citation
2014 BCSC 1516
Parties
Crown: Regina; Accused: Joadth Michael Anderson; Accused: Travis Arthur Kelly; Accused: James Phillip Patrick Paulin
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 March 2014
Procedural Posture
Criminal Home Invasion / Oral Ruling on Voir Dire #2 Re Admissibility of Hearsay Evidence and Telephone Records
Outcome
Hearsay statements admitted; rebuke admitted; telephone records admitted.
Legal Topics
Spontaneous Utterance (res Gestae), Admission Against Interest, Co Conspirator Statements, Principled Approach to Hearsay (necessity and Reliability), Prejudicial Vs Probative, Telephone Records and Production Orders, Search Warrant Jurisprudence (vu)
Source Language
english
Criminal Law Evidence Law Hearsay Procedural Law Spontaneous Utterance (res Gestae) Admission Against Interest Co Conspirator Statements Principled Approach to Hearsay (necessity and Reliability) +3 more

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Parties

Regina

Crown

Joadth Michael Anderson

Accused

Travis Arthur Kelly

Accused

James Phillip Patrick Paulin

Accused

Procedural Posture

Criminal Home Invasion / Oral Ruling on Voir Dire #2 Re Admissibility of Hearsay Evidence and Telephone Records

Legal Issues

  1. 1 Whether the out-of-court statement by Kirstin Hunt identifying three male intruders is admissible for its truth
  2. 2 Whether the rebuke by one or more male intruders is admissible and, if admissible, whether it can be used against all accused
  3. 3 Whether either or both hearsay utterances should nonetheless be excluded because prejudicial effect outweighs probative value

Ratio Decidendi

The court admitted Kirstin Hunt's out-of-court identification as a spontaneous utterance under the traditional res gestae exception without requiring the Crown to first prove unavailability; the rebuke by one or more male intruders is admissible for its truth as an adoptive admission and under the co-conspirator/res gestae doctrines even though the precise speaker was unidentified; the prejudicial effect does not outweigh probative value; and the telephone records obtained by production order are admissible as reliable and corroborated business records without a requirement for special expert evidence to interpret standard provider records.

Court Disposition

Hearsay statements admitted; rebuke admitted; telephone records admitted.

Orders

  • Admit hearsay statement of Kirstin Hunt for its truth under the spontaneous utterance (res gestae) exception
  • Admit the rebuke uttered by one or more male intruders as evidence for its truth under adoptive admission, co-conspirator and res gestae principles