SUPREME COURT OF NOVA SCOTIA
Citation: R v. Hamilton, 2011 NSSC 305
Date: 20110727
Docket: CRH 336711
Registry: Halifax
Between:
Her Majesty The Queen
Provincial Crown
v.
Benjamin Joseph Hamilton
Accused
LIBRARY HEADING
Judge: The Honourable Justice Peter P. Rosinski
Heard: July 25, 2011 in Halifax, Nova Scotia
Written Decision: July 27, 2011
Oral Decision: July 26, 2011
Subject: Evidence – res gestae – victim of assault / 911 calls.
Summary: Taxicab driver caused the Accused to cease his assault when he produced his cell phone, and then called 911. Crown submitting 911 call in its entirety, should be admitted for the truth of its contents as res gestae.
Issue: Are the preconditions for the admissibility of this 911 call as res gestae met?
Result: Res gestae is a specific exception to the hearsay rule and in some cases to the rule against the admission of prior consistent statements. In this case the Court found that while the “excited utterances” of the taxicab driver constituted res gestae, nevertheless, the evidence is not admissible for the truth of its contents after a weighing of the probative value contrasted with the prejudicial effect upon the fair trial rights of the accused.
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