Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: R. v. Ord, 2012 NSSC 13

 

Date: 20120110

Docket: Hfx No. 352400

Registry: Halifax

 

Between:

Jason John Ord

Appellant

v.

 

Her Majesty the Queen

Respondent

 

LIBRARY HEADING

 

Judge:         The Honourable Justice Glen G. McDougall

 

Heard:         November 23, 2011 in Halifax, Nova Scotia

 

Subject:       Summary Conviction Appeal     

 

Summary:   The appellant was convicted for assault, s. 266 and breach of a recognizance, s. 145(3).

 

Issue: Did the Learned Trial Judge err in law by deciding to admit a prior inconsistent statement of the complainant who demonstrated a remarkable lack of memory at trial?    

 

Result:        The Learned Trial Judge properly applied the principled exception to the hearsay rule in deciding that the prior inconsistent statement of the complainant could be admitted for the truth of its contents based on necessity and reliability.        

 

 

 

 

 

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