Supreme Court

Decision Information

Decision Content

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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