R. v. AMB

R. v. AMB

The court granted the Crown's applications: SM shall testify outside the courtroom by reliable CCTV in the presence of a support person and the entirety of SM's January 13, 2020 videotaped police statement is admissible under s.715.1 because all statutory prerequisites were satisfied (SM under 18, tape made within a reasonable time, tape describes the acts, and SM is expected to adopt it) and admission does not interfere with the proper administration of justice or unfairly prejudice the accused given available safeguards and the judge-alone context.

Citation
2022 NSSC 148
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: AMB; Victim: SM
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 May 2022
Procedural Posture
Criminal Sexual Offences / Voir Dire (pre Trial Admissibility and Testimonial Accommodation Applications)
Outcome
Crown applications granted: testimonial accommodation orders made and videotaped statement admitted
Legal Topics
Testimonial Accommodation, Videotaped Statements, Admissibility Under S.715.1, S.486.1 and S.486.2 Applications, CCTV Testimony, Support Person
Source Language
English
Criminal Law Evidence Sexual Offences Youth Law Testimonial Accommodation Videotaped Statements Admissibility Under S.715.1 S.486.1 and S.486.2 Applications +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Crown/prosecution

AMB

Accused/defendant

SM

Victim

Procedural Posture

Criminal Sexual Offences / Voir Dire (pre Trial Admissibility and Testimonial Accommodation Applications)

Legal Issues

  1. 1 Whether the witness (SM) should be permitted to testify outside the courtroom by CCTV and with a support person under ss.486.1 and 486.2 CC
  2. 2 Whether SM’s January 13, 2020 videotaped police statement is admissible under s.715.1 CC
  3. 3 Whether admission of the videotaped statement or testimonial accommodations would interfere with the proper administration of justice

Ratio Decidendi

The court granted the Crown's applications: SM shall testify outside the courtroom by reliable CCTV in the presence of a support person and the entirety of SM's January 13, 2020 videotaped police statement is admissible under s.715.1 because all statutory prerequisites were satisfied (SM under 18, tape made within a reasonable time, tape describes the acts, and SM is expected to adopt it) and admission does not interfere with the proper administration of justice or unfairly prejudice the accused given available safeguards and the judge-alone context.

Court Disposition

Crown applications granted: testimonial accommodation orders made and videotaped statement admitted

Orders

  • SM to testify outside the courtroom by closed-circuit television in the company of a support person, provided reliable CCTV arrangements of appropriate quality can be made (s.486.1 and s.486.2 CC)
  • The entirety of SM’s January 13, 2020 videotaped police statement is admissible in evidence under s.715.1 CC