Supreme Court

Decision Information

R. v. Muise

Court Supreme Court
Date 2013-05-02
Citation 2013 NSSC 141
Docket CRH 373467
Judge/Registrar/Adjudicator Rosinski, Peter P. (Honourable Justice)
Document Type Library Sheet
Relations Decision - R. v. Muise - 2013 NSSC 141 - 2013-05-02 - Decision

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation:   R. v. Muise, 2013 NSSC 141

 

Date: 20130502

Docket: CRH 373467

Registry: Halifax

 

 

Between:

Her Majesty the Queen in and for the Province of Nova Scotia

Crown

v.

 

Cody Alexander Muise

Defendant

 

LIBRARY HEADING

 

 

Judge:                            The Honourable Justice Peter P. Rosinski

 

Heard:                            April 24 and 25, 2013

 

Subject:                          Dying declarations in the criminal context - hearsay

 

 

Summary:                      Mr. Muise fatally shot the deceased, who ante mortem was repeatedly asked “ who shot you?” - to which he replied: “I don’t know”.  Crown argued against the admission of the declaration because the deceased was notoriously uncooperative with the police.

 

Issue:                    Is this declaration admissible under the traditional dying declaration exception to the hearsay rule; as res gestae; or pursuant to the principled exception to the hearsay rule?

 

 

Result:                            Dying declaration is admissible on all three bases.

 

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