Canada Case Law

R. v. Hamilton

Court

Supreme Court of Nova Scotia

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.

Source excerpt

• Res gestae
• Excited utterance
• Prior consistent statements
• Admissibility of evidence
• Principled exception to hearsay
• Fair trial prejudice

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R. v. Sims

Court

Supreme Court of Canada

The Supreme Court of Canada ordered a new trial, holding that a trial judge should not express an opinion on the facts while exhorting a deadlocked jury.

• Jury instructions
• Deadlocked jury
• Judicial exhortation
• Opinion on facts
• Fair trial prejudice
• Criminal-law

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